Writ petition dismissed for five-year delay, petitioner failed to exhaust Section 86 Finance Act appeal remedy first

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....HC dismissed the writ petition on grounds of delay and laches. Petitioner failed to exhaust statutory remedy of appeal under Section 86 of Finance Act, 1994 before approaching the writ court. Cause of action accrued on 31.10.2014, but petition was filed in June 2019, constituting approximately five years' delay. Court held that petitioner slept over rights for considerable period and attempted to rekindle lapsed cause of action. While no fixed limitation period exists for writ petitions, HC must exercise discretionary jurisdiction under Article 226 considering reasonableness of time. Court emphasized that delay defeats equity and writ courts should not permit indolent litigants to benefit from their own wrong. Petition dismissed solely on laches ground without examining merits.....