- (1.) THE petitioner in this WP under Article 226 of the Constitution of India dated January 06, 2014 is questioning an order of the Port Blair Municipal Council dated March 17, 2011 (WP p.20) and an order of the Deputy Commissioner, South Andaman District dated September 23, 2013 (WP p.25).
(2.) THE Municipal Council refused to sanction erection of a building for which the petitioner had submitted an application dated February 15, 2011; and the Deputy Commissioner has rejected the petitioner's application for bar licence on the grounds that the application was not produced with a supporting sanctioned building plan.
(3.) AGAINST the order of the Municipal Council the petitioner had a statutory remedy of appeal under regulation 187 of the Andaman and Nicobar Islands (Municipal) Regulation, 1994. The petitioner did not file any appeal that was to be filed within 30 days from the date of refusal of the sanction. The 30 -day limitation expired long ago. This being the position, in my opinion, the WP is just not maintainable. At the date the WP was filed the petitioner's statutory remedy before the appellate authority was time barred. A WP whose cause of action is statutorily time barred is not maintainable. A decision not to file the appeal amounted to a conscious abandonment of the right to challenge the order.;