Special Civil Application No. 2861 of 1997
Coram: R.R. Jain, J.
April 11, 1997
Order:
Order passed by the Gujarat Revenue Tribunal, Annexure C
dated 30.12.1988 in Revision Application No. TEN B.A.
312/85 has been challenged by the petitioner- State of
Gujarat, almost after a period of eight years. Relief
contemplated under Articles 226 and 227 of the
Constitution of India is discretionary and is not to be
exercised to encourage indolence and lethargy except in a
case where the delay has been satisfactorily explained.
In this case, I do not find any explanation much less
satisfactory explanation for the inordinate delay in
challenging the impugned order. In such circumstance,
the Court would be declined to intervene and grant any
relief in exercise of writ jurisdiction. It cannot be
gainsaid that during the intervening period some rights
have accrued in favour of the respondent. Consequently,
relief to be granted in exercise of extraordinary
jurisdiction would cause hardship and deprive the parties
of the rights which have already vested by operation of
law. Thus, exercise of writ jurisdiction in such cases
may cause inconvenience and injustice. Hence, in my
view, the Court should be very slow in exercise of writ
jurisdiction in a case where there is unexplained
inordinate delay.
In the result, the petition is rejected.
11.4.1997.( R. R. Jain, J. )