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Judgment
S.K. Mishra, J.—Heard Learned Counsel for the Petitioners & the Learned Counsel for Opp. Parties 3(a) to 3(g).
In this batch of Writ Petition, the Petitioners assail the combined Judgment passed by the Commissioner, Consolidation in Revision Case Nos. 552/88, 553/88, 554/88, 555/88, 556/88, 557/88 & 1461/ 87. The combined order was passed on 27.10.1990. Certified copy or the order impugned was delivered, as appeared from the last page of the certified copy i.e. Annexure-1, on 20.09.2006. Thereafter, the Writ Petition has been filed on 06.02.2008. Thus, it is evident that the Writ Petitions have been filed after delay of more than 17 years.
In Virender Ghaudhary v. Bharat Petroleum Corporation and Ors. 2009 (I) CLR (SC) 294, the Hon''ble Apex Court has held that although there is no period of limitation provided for filing of a Writ Petition under Article 226 of the Constitution of India, Ordinarily, the Writ Petition should be tiled within a reasonable time. A discretionary jurisdiction under Article 226 of the Constitution need not be exercised if the Writ Petitioner is guilty of delay & laches.
In this case, the Apex Court has referred to several other decisions, wherein the Supreme Court time & again held that the discretionary jurisdiction need not be exercised, if the Petitioners approached the Court after a long time. Delay & laches are relevant for consideration of laches of equitable Jurisdiction.
In view of the above, there is no scope for entering into the merits of the case. The Writ Petition are dismissed on the ground of inordinate delay.