LAWS(MEGH)-2013-7-23

MAWKHAP VILLAGE Vs. KHASI HILLS AUTONOMOUS DISTRICT COUNCIL; CHIEF EXECUTIVE MEMBER; SECRETARY, EXECUTIVE COMMITTEE; CHIEF FOREST OFFICER AND ORS

Decided On July 31, 2013
Mawkhap Village Appellant
V/S
Khasi Hills Autonomous District Council; Chief Executive Member; Secretary, Executive Committee; Chief Forest Officer And Ors Respondents

JUDGEMENT

(1.) The present writ petition was filed as late as 2012 for quashing the impugned orders passed far back on 03.02.1996 and 19.02.1996 respectively; and in the writ petition which consists of 24 paras did not mention any plausible reasons for the delay of about 17 years in filing the present writ petition. The writ petitioner was in a deep slumber and waken up after 17 years like a Rip Van Winkle for challenging the impugned orders which were passed on 03.02.1996 and 19.02.1996 respectively. The door of the temple of justice is opened to the litigants, who are due diligent to their rights to assess to justice and not to the litigants who are hopelessly lethargic and lack of bonafide in approaching to the temple of justice. The present writ petition is one filed by the writ petitioner after sleeping over his right for 17 years to seek appropriate remedy against the impugned orders dated 03.02.1996 and 19.02.1996; and as there is no explanation as to why he had been sleeping for the last 17 years, the writ petition is liable to be dismissed only on this score. The lack of bonafide of the writ petitioner in filing the present writ petition is being discussed in the later parts of the judgment.

(2.) Heard Mr. HL Shangreiso, learned counsel appearing for the petitioner and Mr. VGK Kynta, learned senior counsel for the respondents No.1- 5, Mr.L Lyngdoh, learned counsel for the respondent No.6 and Mr. HS Thangkhiew, learned senior counsel assisted by Mr. P Nongbri, learned counsel for the respondent No.7.

(3.) Factual background:-