RAJENDRA SINGH YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS intra -court appeal takes exception to the decision of the learned single Judge dated 23rd April, 2014 in Writ Petition No. 797/2014. The writ petition was filed against the decision of the statutory Authority dated 21st January, 2014, which in turn, had dismissed the revision application filed by the appellant on the ground of limitation.

(2.) THE proceedings emanate from the order passed by the Authority dated 10th February, 2011 on the applications filed by both the private parties. The appellant being dissatisfied with the said decision, instead of resorting to statutory remedy, chose to file writ petition in this Court only on 4th November, 2011 bearing Writ Petition No. 7443/2011. Indisputably, in the writ petition no averment is found as to what prevented the appellant to file the writ petition with utmost dispatch after 10th February, 2011. Instead, a vague and misleading averment is found that there is no delay in filing the writ petition. When the writ petition proceeded further, preliminary objection was raised by the opposite party. The learned single Judge disposed of the said writ petition on 16th May, 2013 in the following terms: -

(3.) WHEN substantial justice and technical considerations are pitted against each other, cause of substantial justice deserves to be preferred for the other side cannot claim to have vested right in injustice being done because of a non -deliberate delay.