Supreme Court overturns dismissal of writ petition, citing justified delay. Appeals court ruling restores case for consideration.

The Supreme Court allowed the appeal against the High Court of Judicature at Patna's dismissal of a writ petition due to delay and laches. The Supreme Court found that the delay was justified as the appellant had filed a representation/review of the decision. The Court held that the High Court erred in rejecting the petition solely on these grounds and set aside the orders, restoring the writ petition for consideration on its merits, providing the parties with an opportunity to present their case. The appeal was allowed with no costs.

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Issues involved: Appeal against dismissal of writ petition on grounds of delay and laches by High Court of Judicature at Patna.

Summary:
The Supreme Court granted leave to appeal against the order of the Division Bench of the High Court of Judicature at Patna, which dismissed the writ petition on the basis of delay and laches. The Supreme Court held that the High Court erred in rejecting the writ petition and appeal on these grounds. The appellant had moved the writ petition against the decision of the State Government after 4 years, but the delay was sufficiently explained as the appellant had filed a representation/review of the decision. The High Court should have considered this explanation and not dismissed the writ petition. The Supreme Court set aside the orders of the Division Bench and the Single Judge, and restored the writ petition to be decided on merits, giving an opportunity for the parties to present their case. The appeal was allowed with no order as to costs.

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