AMAR NATH PANDEY Vs. STATE OF U.P. THORUGH PRINCIPAL SECY. IRRIGATION DEPT. LKO.
LAWS(ALL)-2011-4-564
HIGH COURT OF ALLAHABAD
Decided on April 21,2011

AMAR NATH PANDEY Appellant
VERSUS
State Of U.P. Thorugh Principal Secy. Irrigation Dept. Lko. Respondents

JUDGEMENT

Anil Kumar, J. - (1.) HEARD Sri Durga Prasad Verma, learned Counsel for Petitioner and learned Standing Counsel appearing on behalf of Respondents.
(2.) BY means of present writ petition, Petitioner has prayed for cancellation of order dated 01.03.1994 (Annexure No. 1 to the writ petition) passed by Respondent No. 4 by which promotion of Petitioner on the post in question cancelled. Learned Standing Counsel raised a preliminary objection that present writ petition filed by Petitioner is liable to be dismissed on the ground of delay and laches as by means of present writ petition, Petitioner challenged order dated 01.03.1994 passed more than 17 years back, so the same is liable to be dismissed on the ground of limitation.
(3.) SRI D.P. Verma, learned Counsel for Petitioner does not dispute that impugned order under challenge in present writ petition passed on 0103.1994 but he submits that he has explained the delay and laches in Paragraph 14 to the Writ petition which is quoted as under: That due to financial crisis, the Petitioner was suffering from unavoidable hardship so he could not approach this Hon'ble Court earlier. Therefore, the delay if any, in approaching this Hon'ble Court, the same may be kindly be condoned, in the interest of justice.;


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