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Judgment
Narendra Kumar Jain, J.—Heard the learned Counsel for Petitioner.
Petitioner has preferred this writ petition before this Court on 01.08.2011 challenging the impugned order dated 26.03.2008 (Annexure-10), whereby sanction was granted against Petitioner for his prosecution under the provisions of The Prevention of Corruption Act.
Writ petition has been filed with a delay of about 3-1/2 years. From the contents of writ petition, it is clear that no sufficient cause has been shown by the Petitioner for not filing the writ petition at the earliest. During the course of arguments, learned Counsel for Petitioner admitted that impugned order dated 26.03.2008 granting sanction for prosecuting the Petitioner was served upon him along with copy of charge-sheet filed against him in Criminal Court.
Although, no period of limitation is prescribed for filing writ petition, but the same is required to be filed at the earliest. If the writ petition has been filed after a delay of reasonable period without any reasonable explanation for such delay, the writ petition can be dismissed on the ground of delay in filing the writ petition.
In P. Girdharan Prasad Missir and Another Vs. State of Bihar and Another, the Division Bench of Patna High Court dismissed the writ petition only on the ground of delay where the writ petition was filed after a delay of more than 17 months.
The Hon''ble Apex Court in Hari Singh and Others Vs. State of U.P. and Others, dismissed the writ petition only on the ground of delay/latches alone where the writ petition was filed after two and half year after issuance of Notification u/s 17(4) of the Land Acquisition Act.
Hon''ble Apex Court in State of Haryana And Ors. v. Miss Ajay Walia, 1997 (6) SCC 255, dismissed the writ petition only on the ground of delay and latches in filing the writ petition holding that representation filed repeatedly do not furnish a cause of action.
Since, no sufficient cause has been shown for not filing the writ petition in a reasonable period or for a delay of about 3-1/2 years, the writ petition deserves to be dismissed only on the ground of latches and delay and the same is hereby dismissed as such.
ORDER
Since the writ petition itself has been dismissed, therefore, this stay application does not survive and the same also stands dismissed.