Dismissed¶¶21

Surendra Mandal v. The State of Bihar

Patna HC19 Jul 2024CWJC/147/2024

Case brief

AI extract

What is this about?

Patna High Court, Civil Writ Jurisdiction Case No.147 of 2024, decided 19-07-2024 by Bibek Chaudhuri, J. Surendra Mandal v. State of Bihar & others. Keywords: writ maintainability; delay and laches; 16-year delay in challenging 2005 dismissal order (Memo no. 289) and 2008 appellate order in Service Appeal No. 33 of 2006; Article 226 Constitution; Ex. Capt. Harish Uppal v. Union of India, 1994 Supp (2) SCC 195; petition dismissed as not maintainable.

What did the court decide?

Undue delay and laches ought to be considered while considering the maintainability of a writ petition, the High Court being a court of equity; it is the duty of the petitioner to seek equity at the earliest. ¶¶20

Surendra Mandal Vs The State of Bihar — Writ and Judicial Review | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.147 of 2024

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Surendra Mandal, son of Late Chandra Dev Mandal, resident of Ward No. 12, Majhauliya Estate, Majhaulia P.S. Bathnaha, District Sitamarhi, Bihar.

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... ... Petitioner/s

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Versus

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The State of Bihar through Chief Secretary, Government of Bihar, Main Secretariat, Patna 800015, Bihar.

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The Commissioner Tirhut Division Commissioner Office Muzaffarpur, Bihar.

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The District Magistrate Collectorate Office Sitamarhi, District Sitamarhi, Bihar.

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The Additional Collector Establishment Collectorate Office Sitamarhi, District Sitamarhi.

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The Executive Magistrate, Collectorate Office Sitamarhi District Sitamarhi, Bihar.

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The Block Development Officer Runisaidpur Block Office, District Sitamarhi.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Sujit Kumar Singh, Advocate For the Respondent/s : Mr. Arvind Ujjwal, SC 4 ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

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3 19-07-2024 The petitioner has approached this Court under Article 226 of the Constitution challenging the order of dismissal from service passed by the departmental authority against him on 29^th April 2005 vide Memo no. 289 and the appellate order dated 29^th September 2008, passed in Service Appeal No. 33 of 2006, filed by him, affirming the order passed by the Collector.

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The appellate order was passed in 2008 and the petitioner has approached this Court after a lapse of about 16

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Patna High Court CWJC No.147 of 2024(3) dt.19-07-2024 2/2

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years. Only on the ground of delay and laches. The instant writ petition is not maintainable.

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In the case of Ex. Capt. Harish Uppal v. Union of India, reported in 1994 Supp (2) SCC 195, it is held by the Hon’ble Supreme Court that undue delay and laches ought to be considered while considering the maintainability of the writ petition as a Court of equity. It is the duty of the petitioner to seek equity at the earliest.

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Since the petitioner approaches this Court after a lapse of about 16 years, the instant writ petition is held to be not maintainable and is accordingly, the same is dismissed.

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(Bibek Chaudhuri, J)

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Suraj Dubey/-

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Surendra Mandal v. The State of Bihar

Case brief

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Surendra Mandal v. The State of Bihar

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