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Pappu Khan v. State of U.P. and 2 Others

Dismissed on merits
Court
High Court of Judicature at Allahabad
Decided
27 November 2023
Case no.
WRIC 40643/2023

Judgment

Court No. - 5 Case :- WRIT - C No. - 40643 of 2023 Petitioner :- Pappu Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nagendra Kumar Singh Counsel for Respondent :- CSC Hon'ble Piyush Agrawal,J. Heard learned counsel for the petitioner. The present writ petition has been filed challenging the order dated 17.4.2018, which is barred by 1954 days. Confronted with the said fact, learned counsel for the petitioner submits that he has explained the delay in para 16 of the present writ petition, which reads as under:- "16. That there is delay in challenging the impugned order as the petitioner has gone to Delhi in respect of his labor work and he remain their and he contacted his counsel on 30.09.2023 for filing the present writ petition the petitioner is not aware of the law of limitation and as such he could not file writ petition earlier and also with the condition that the petitioner was not having proper fund for filing the writ petitioner however the fund for filing the writ petition was collected in the first week of October 2023 and ultimately the papers were handed over to the petitioner counsel on 09.10.2023 and the writ petition is being preferred and as such the delay in filing the present writ petition be heard on merit and there is no deliberate mistake or latches on the part of the petitioner and only due to lack of knowledge of law of limitation and financial crises the petitioner could not preferred the writ petitioner in time and as such the delay in filing the present writ petitioner be condone, in the interest of justice." On perusal of the afore-quoted para, no good ground is made out for condoning the delay. In view of the above, the present writ petition is dismissed on the ground of laches. Order Date :- 28.11.2023 Pravesh Mishra High Court of Judicature at Allahabad

Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.