CHANDRA BAHADUR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the record.

(2.) This appeal has been filed against the judgment and order dated 11.3.2005 passed in Civil Misc. Writ Petition No. 54539 of 2003, Chandra Bahadur Singh v. State of U.P. and Ors. by which the writ petition was dismissed on the ground of latches holding that the impugned order was passed in the year 1998 and the writ petition has been filed in the year 2003, almost after five years of the passing of impugned order without there being any explanation with regard to the latches.

(3.) Sri P.N. Tripathi, learned Counsel appearing for the Appellant has submitted that the Court while deciding the writ petition has not taken correct view as the Petitioner Appellant has been making representations for redressal of his grievance during these years. Therefore, the latches should have been condoned and the petition should have been heard on merit. This Court has made a specific query from Sri P.N. Tripathi, learned Counsel for the Appellant to point out those averments in the writ petition where the latches have been explained but Sri Tripathi has not been able to show any averment made in the writ petition to that effect.