LAWS(ALL)-1994-12-53

STATE OF U P Vs. DISTRICT JUDGE DEHRADUN

Decided On December 15, 1994
STATE OF UTTAR PRADESH Appellant
V/S
DISTRICT JUDGE DEHRADUN Respondents

JUDGEMENT

(1.) M. Katju, J. This writ petition was filed after a delay of 299 days. This court by order dated 21-5-1991 granted one month's time to the learned Standing Counsel to file supplementary affidavit to explain the delay. Although, this order was passed on 21-5-1991, a supplementary affidavit was filed only on 26-3-1992 i. e. after ten months of the said order. A perusal of the supplementary affidavit show that there was no good cause to condone the delay in filing this writ petition. The impugned order was passed on 24-4- 1990, but application for certified copy was filed on 18-6-1990 and there is no expla nation for this delay.

(2.) IT is stated in para 3 of supplementary affidavit that certified copy of the impugned judgment was received on 20-6-1990. The competent authority sent a letter dated 1-11-1990 to the Joint Secretary, U. P. Government, Urban Land Ceiling Anubhag, Lucknow, for approaching the Law Department to issue the requisite order to file the writ petition. There is no explanation for the delay between 20-6-1990 and 1-11-1990. Thereafter it seems that the Joint Secretary, U. P. Government sent a letter dated 20/22-2- 1991 to the Compe tent Authority, intimating that the order dated 4-2-1991 had been issued by the Law Department for filing a writ petition. Thus, it appears that it took almost three months to obtain the order of the Law Department to file the writ petition. Thereafter also there is no satisfactory explanation for the delay between February 1991 to 17th May, 1991 when this petition was presented before the Joint Registrar of this Court.

(3.) THE writ petition is dismissed on the ground of laches. THE Registrar of this Court is directed to send a certified copy of this order to the Chief Secretary as well as Law Secretary of the State of U. P. Petition dismissed. .