High CourtsSingle Bench(2023) 04 PAT CK 0069

Dhirendra Kumar Sharma vs State Of Bihar

Patna High Court · Decided on 27 April 2023

HON’BLE JUDGES
Sanjeev Prakash Sharma, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Jurisdiction Case No. 5425 Of 2023

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Judgment

7 paragraphs · 197 words
1.

The petitioner, by way of this writ petition, has prayed for payment of his dues which is lying with the department for last 41 years.

2.

Upon specific query raised by this Court as to the reasons for not approaching the Court in time, learned counsel submits that he has been representing to the authorities.

3.

This Court is not satisfied with the reasons coming forward for not seeking remedy for more than four decades.

4.

The case essentially relates to recovery of dues in terms of Limitation Act. Suit for recovery of money has to be filed within a period of three years from the date it is due. The time period has elapsed long back. Even if there is an admission of dues, the time period for filing of a suit is 12 years under the Limitation Act which too has expired long back.

5.

In view thereof, by way of entertaining this writ petition, this Court would be extending the period of limitation beyond the Act which cannot be allowed.

6.

The writ petition apart from suffering from gross laches also suffers from unexplained delay.

7.

As such, the writ petition stands dismissed.