K.K.BHARDWAJ Vs. D.V.B.

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner claiming the following reliefs:

(2.) THIS writ petition was filed on 20.12.2000. At the end of the year 2000, orders which are sought to be quashed as stated in prayer ,,b, viz of the years 1986 and 1989, cannot be sought on the ground of gross delay and laches. No doubt, Limitation Act, 1963 does not apply to a writ petition, however, a certain period of limitation is kept in mind and the same is overlooked only if certain representations are pending which are not decided by the Department and which is not so as per the facts in this case. Therefore, in the end of the year 2000, orders which are passed in the year 1986 i. e about 15 years back and in 1989 i. e about 11 years back cannot be permitted to be challenged and the writ petition with regard to challenge of orders, as prayed for in prayer ,,b, is dismissed on the ground of gross delay and laches.

(3.) THAT takes us to prayer ,,d for grant of interest from 31.5.1998 to February 1999 because the subsistence allowance is said to have been paid with delay pursuant to the order dated 17.3.1998 in C.W.P. No. 5025/1997 filed by the petitioner. A reading of the order dated 17.3.1998 shows that no direction for payment of interest was given in case petitioner receives the subsistence allowance with delay. What could be specifically prayed for and granted in an earlier writ petition, and the same is not granted will be barred by construction of res judicata if that relief is claimed in a subsequent proceeding. The prayer for interest because subsistence allowance was paid in February 1989 instead of May, 1998 also thus cannot be granted.