LAWS(J&K)-2018-7-140

SHAMMA BANO Vs. STATE OF JK & ORS.

Decided On July 24, 2018
Shamma Bano Appellant
V/S
State Of Jk And Ors. Respondents

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the order passed by the Single Bench of this Court on 28th of March, 2018, in SWP No. 1857/2017, in terms whereof, the writ petition filed by the appellant herein has been dismissed on the ground of same being hit by the principles of delay and latches.

(2.) We have heard the learned counsel for the appellant, perused the record and considered the matter.

(3.) The learned Single Judge has, in the judgment under appeal before this Court, noticed that the writ petition has been filed by the petitioner, challenging the selection/appointment of the private respondents as ReTs in the year 2000, after a lapse of more than 17 years from the date the private respondents were appointed as ReTs. The learned Single Judge has, in our view, rightly, while following the principles as laid down by the Hon'ble Apex Court of the country governing the subject, dismissed the writ petition on the ground of delay and latches. In the facts and circumstances of the case, no exception can be taken to the order of the learned Single Judge dismissing the writ petition. There was no good reason supplied by the petitioner before the writ Court, explaining the delay in moving the Court after a long number of years. It is not necessary to refer to the large number of authorities on the subject in view of the fact that the law, in this behalf, is so well settled that there is no need for a further reiteration.