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January 2009

Condonation of delay of 4 years : Pendency of representation filed before State Government against alleged order, sufficient ground to condone delay : Constitution of India Article 226

By Dr. K. Shivaram, Ajay R. Singh, Advocates
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18 Condonation of delay of 4 years : Pendency of
representation filed before State Government against alleged order, sufficient
ground to condone delay : Constitution of India Article 226.


The petitioner had filed a writ petition before the High
Court against the decision of the State Government after 4 years from the date
of passing of such order. The High Court dismissed the petition on ground of
delay and laches.

The Supreme Court observed that the petitioner had filed a
representation/review of the decision of the State Government, and was expecting
that an order would be passed on the said representation. Therefore, the delay
in moving the writ petition was sufficiently explained by the petitioner and the
petition ought not to be dismissed on the ground of delay and laches. The High
Court was directed to decide the writ petition on merits in accordance with law.

[Ashok Kumar v. State of Bihar & Ors., AIR 2008
Supreme Court 2723]

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