Research › Browse › Judgment

Supreme Court of India · body

1986 DIGILAW 617 (SC)

Navabai Laxman Jadhav v. Namdeo Jijaba Gaikwad

1986-12-04

A.P.SEN, S.NATARAJAN

body1986
ORDER 1. After hearing learned counsel for the parties, we feel that the High Court was not justified in dismissing the writ petition under Article 226 of the Constitution on the ground of laches. There was no inordinate or unexplained delay on the part of the appellants in filing the writ petition. The delay, if any, was on the part of the State Government in disposing of the application for review and, therefore, could not be a reason for dismissing the writ petition on the ground of laches. The writ petition does raise questions which merited hearing on merits. 2. We accordingly, grant leave, set aside the judgment and order of the High Court and remit the writ petition for hearing on merits after notice to the parties. 3. The appeal is disposed of accordingly with no costs. For Citation : 1987 (Supp) SCC 57.