RAJESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS intra court appeal is directed against the judgment and order of the learned Single Judge dated 21.03.2014 for dismissing the writ petition i.e. WP(C) No. 85/2014 filed by the appellant/writ petitioner only on the ground that there is delay in filing the writ petition. It is fairly well settled law that there is no prescribed period for filing the writ petition, however, the writ petition should be filed within the reasonable period. The Apex Court in a catena of cases held that while looking into the delay in filing the writ petition, the Court is also to see the merit of the case. In other words, the very meritorious case cannot be rejected on the ground that there is a little delay in filing the writ petition. However, we are not expressing any opinion on the merit of the case i.e. WP(C) No. 85/2014.

(2.) IN the writ petition, the copies of the judgments and orders i.e. Single Bench as well as Division Bench in respect of the matter in dispute or matter in issue in WP(C) No. 85/2014 had been annexed in the writ petition. We have perused the earlier judgments and orders of this Court and have given our anxious consideration as to whether the writ petition is to be dismissed only on the ground of delay of 4 1/2 years in approaching the Court. We are of the view that the writ petition shall not be dismissed only on the ground of delay in approaching the Court and also we are of the further view that the writ petition is required to be heard on merit.

(3.) WRIT appeal is allowed.