Leela Ram Baghel vs State Of Chhattisgarh on 29 April, 2026

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    Chattisgarh High Court

    Leela Ram Baghel vs State Of Chhattisgarh on 29 April, 2026

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     Digitally signed
     by RAMESH
     KUMAR VATTI                                             2026:CGHC:19868
     Date: 2026.05.07
     11:19:54 +0530                                                          NAFR
    
                        HIGH COURT OF CHHATTISGARH AT BILASPUR
    
                                  WPS No. 5153 of 2022
    * - Leela Ram Baghel S/o Shri Laikhan Ram Aged About 52 Years Sub
    Inspector (Ministerial), Police Training Centre, Borgaon District Kondagoan,
    R/o 29, Tiranga Chowk, Ambedkar Ward No. 29, District : Bastar(Jagdalpur),
    Chhattisgarh
                                                                     ... Petitioner
                                          Versus
    1 - State Of Chhattisgarh Through Secretary, Department Of Home Affairs
    Mantralaya, Mahanadi Bhawan, New Raipur, District : Raipur, Chhattisgarh
    2 - Director General Of Police Chhattisgarh Police Headquarters, Atal Nagar,
    Naya Raipur, District : Raipur, Chhattisgarh
    3 - Additional Director General Of Police Chhattisgarh Police Headquarters,
    Atal Nagar Naya Raipur, District : Raipur, Chhattisgarh
    4 - Deputy Inspector General Of Police (Administration) Police Headquarters,
    Atal Nagar Naya Raipur,, District : Raipur, Chhattisgarh
    5 - Commandant Police Training Centre, Borgaon,, District : Kondagaon,
    Chhattisgarh
    6 - Shri Kolharam Nagwanshi, Inspector (Earlier Subedar-M) working Under
    The Office Of Superintendent Of Police Jashpur, District : Jashpur,
    Chhattisgarh
    7 - Shri Francis Xavier, Inspector, (Earlier Subedar-M), Working Under The
    Office Of Superintendent Of Police Korea, Police Station Baikunthpur,, District
    : Koriya (Baikunthpur), Chhattisgarh
                                                                     ... Respondents

    For Petitioner : Mr. Shrijan Pandey, Advocate

    For Respondents No. 1 to 5 : Mr. T.L. Bareth, Panel Lawyer

    SPONSORED

    Hon’ble Shri Justice Rakesh Mohan Pandey
    Order on Board
    29/04/2026

    1. The petitioner has filed this petition seeking the following relief(s):-
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    “10.1 That, this Hon’ble Court may kindly be pleased to call for
    the entire records in relation to the case of the petitioner from
    the possession of respondents for its kind perusal.

    10.2 That, this Hon’ble Court may kindly be pleased to issue
    a writ or writs/order or orders directing the respondent
    authorities to provide promotion to the petitioner on the post of
    Inspector (ministerial) [earlier Subedar (Aa)] w.e.f. 20.09.2013
    and place him above respondent no. 6 & 7 in the seniority list.

    10.3 That, this Hon’ble Court may direct the respondent
    authorities to provide consequential benefits to petitioner in
    terms of salary, pay, increments etc. pursuant to such
    promotion.

    10.4 That, this Hon’ble Court may kindly be pleased to direct
    the respondent authorities to provide promotion to the
    petitioner on the post of Sub-Inspector (ministerial) since
    20.04.2006.

    10.5 That, this Hon’ble Court may kindly be pleased to grant
    any other relief/relief’s in favour of the petitioner, which the
    Hon’ble Court deemed fit & just in the facts and circumstances
    of the case, including awarding of the costs to the petitioner.”

    2. The facts, in brief, are that the petitioner was appointed on the post of

    Assistant Sub Inspector (Ministerial) in Police Department 26.07.1995.

    Subsequently the petitioner was promoted to the post of Sub Inspector

    (Ministerial) vide order dated 02.01.2009. It is pleaded that the

    petitioner belongs to scheduled tribe category, but he has wrongly been

    shown as general category, therefore, there is mistake on the part of

    the respondent authorities and the petitioner is continuously being

    deprived of timely promotions. In seniority list of Sub Inspector

    (Ministerial) dated 01.04.2018, the petitioner has rightly been shown to

    be scheduled tribe category, but he has not been given the benefit of

    promotion on the post of Inspector (Ministerial). It is further pleaded

    that though the petitioner was entitled for promotion to the post of Sub

    Inspector (Ministerial) since 20.04.2006 and to the post of Inspector

    (Ministerial) since 20.09.2013, but his name was not considered by the
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    respondent authorities. It is also pleaded that the petitioner made

    representation before the respondents which was rejected vide order

    dated 15.11.2019 and against said order, this petition has been

    preferred.

    3. Learned counsel appearing for the petitioner would submit that the

    petitioner was appointed as Assistant Sub Inspector (Ministerial). He

    would further submit that the petitioner was eligible to be promoted

    next higher post. but his name was not considered by the respondent

    authorities. He would argue that similarly situated employees /

    respondents No. 6 and 7 who are juniors to the petitioner were

    appointed on 31.07.1995 and 04.09.1995 and they were promoted to

    the post of Sub Inspector (Ministerial) on 20.04.2006 and 15.02.2007.

    He would contend that the petitioner was promoted to the post of Sub

    Inspector (Ministerial) on 02.01.2009. He would further contend that

    earlier the petitioner preferred WPS No. 5831/2019 which was

    disposed of vide order dated 06.08.2019 wherein the respondent

    authorities were directed to decide the representation of the petitioner.

    He has placed reliance on the judgment passed by the Hon’ble

    Supreme Court in the matter of G.P. Doval and Others Vs. Chief

    Secretary, Government of U.P. and Others reported in (1984) 4 SCC

    329. He would pray to allow this petition.

    4. On the other hand, learned Panel Lawyer appearing for the

    State/respondents No. 1 to 5 would oppose. He would submit that the

    petitioner has claimed promotion to the post of Sub Inspector

    (Ministerial) from 20.04.2006 and to the post of Inspector (Ministerial)

    from 20.09.2013 and he has filed this petition on 17.07.2022. He would

    submit that the petition filed by the petitioner is hit by delay and laches,
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    and thus the present petition is liable to be dismissed on the grounds

    of delay and laches.

    5. I have heard learned counsel for the parties and perused the

    documents.

    6. Perusal of the documents would show that the petitioner has claimed

    promotion to the post of Sub Inspector (Ministerial) from 20.04.2006

    and to the post of Inspector (Ministerial) from 20.09.2013 and has filed

    this petition on 17.07.2022. The representation of the petitioner was

    rejected on 15.11.2019 vide Annexure P-1, thereafter, again petitioner

    took 03 years to approach this Court and filed this petition on

    17.07.2022. In para- 7 of writ petition, he has stated that there is no

    delay in filing instant writ petition.

    7. In G.P. Doval (supra), the Hon’ble Supreme, in para- 16, has observed

    as under:-

    “16. A grievance was made that the petitioners have
    moved this Court after a long unexplained delay and the
    Court should not grant any relief to them. It was pointed
    out that the provisional seniority list was drawn up on
    March 22, 1971 and the petitions have been filed in the
    year 1983. The respondents therefore submitted that the
    Court should throw out the petitions on the ground of
    delay, laches and acquiescence. It was said that
    promotions granted on the basis of impugned seniority list
    were not questioned by the petitioners and they have
    acquiesced, into it. We are not disposed to accede to this
    request because respondents 1 to 3 have not finalised
    the seniority list for a period of more than 12 years and
    are operating the same for further promotion to the utter
    disadvantage of the petitioners. Petitioners went on
    making representations after representations which did
    not yield any response, reply or relief. Coupled with this is
    the fact that the petitioners belong to the lower echelons
    of service and it is not difficult to visualise that they may
    find it extremely difficult to rush to the court. Therefore,
    contention must be rejected.”

    5

    In the above case, cited by the learned counsel for the petitioner,

    wherein respondents 1 to 3 have not finalised the seniority list for a

    period of more than 12 years, therefore, the facts of the present case

    are distinguishable from the facts of the cited case.

    8. The Hon’ble Supreme Court in the matter of Chennai Metropolitan

    Water Supply and Sewerage Board and Others Vs. T.T. Murali

    Babu reported in (2014) 4 SCC 108 held as under:-

    ’17. In the case at hand, though there has been four years’
    delay in approaching the court, yet the writ court chose not
    to address the same. It is the duty of the court to scrutinize
    whether such enormous delay is to be ignored without any
    justification. That apart, in the present case, such belated
    approach gains more significance as the respondent
    employee being absolutely careless to his duty and
    nurturing a lackadaisical attitude to the responsibility had
    remain unauthorizedly absent on the pretext of some kind
    of ill health. We repeat at the cost of repetition that
    remaining innocuously oblivious to such delay does not
    foster the cause of justice. On the contrary, it brings in
    injustice, for it is likely to affect others. Such delay may
    have impact on others’ ripened rights and may
    unnecessarily drag others into litigation which in
    acceptable realm of probability, may have been treated to
    have attained finality. A court is not expected to give
    indulgence to such indolent persons -who compete with
    “Kumbhakarna” or for that matter “Rip Van Winkle” . In our
    considered opinion, such delay does not deserve any
    indulgence and on the said ground alone the writ court
    should have thrown the petition overboard at the very
    threshold.

    9. Recently, the Apex Court in the matter of Rushibhai Jagdishbhai

    Pathak Vs. Bhavnagar Municipal Corporation reported in 2022 SCC

    Online SC 64 held as under:-

    ‘9. The doctrine of delay and laches, or for that matter
    statutes of limitation, are considered to be statutes of
    repose and statutes of peace, though some contrary
    opinions have been expressed (in Nav Rattanmal Vs. state
    of Rajasthan, AIR 1961 SC 1704). The courts have
    expressed the view that the law of limitation rests on the
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    foundations of greater public interest for three reasons,
    namely, (a) that long dormant claims have more of cruelty
    than justice in them; (b) that a defendant might have lost
    the evidence to disapprove a stale claim; and (iii) that
    persons with good causes of action (who are able to
    enforce them) should pursue them with reasonable
    diligence (State of Kerala Vs. V.R. Kalliyanikutty, (1999) 3
    SCC 657 relying on Halsbury’s Laws of England, 4th Edn.,
    Vol. 28, para 605; Halsbury’s Laws of England , Vol. 68
    (2021) para 1005. Equally, change in de facto position or
    character, creation of third party rights over a period of
    time, waiver, acquiesce, and need to ensure certitude in
    dealings, are equitable public policy considerations why
    period of limitation is prescribed by law. Law of limitation
    does not apply to writ petitions, albeit the discretion vested
    with a constitutional court is exercised with caution as
    delay and laches principle is applied with the aim to secure
    the quiet of the community, suppress fraud and perjury,
    quicken diligence, and prevent oppression.(see Popat and
    Kotecha Property Vs. State Bank of India Staff Association

    (2005) 7 SCC 510).Therefore, some decisions and
    judgments do not look upon pleas of delay and laches with
    favour, especially and rightly in cases where the persons
    suffer from adeptness, or incapacity to approach the courts
    for relief. However, other decisions, while accepting the
    rules of limitation as well as delay and laches, have
    observed that such rules are not meant to destroy the
    rights of the parties but serve a larger public interest and
    are founded on public policy. There must be a lifespan
    during which a person must approach the court for their
    remedy. Otherwise, there would be unending uncertainty
    as to the rights and obligations of the parties.
    (See N.
    Blarkrishnan Vs. M. Krishnamurthy
    , (1998)7 SCC 123.

    Referring to the principle of delay and laches, this Court,
    way back in Moons Mils Ltd Vs. M.R. Mehar, President,
    Industrial Court, Bombay AIR 1967 SC 1450, had referred
    to the view expressed by Sir Barnes Peacock in The
    Lindsay Petroleum Company and Prosper Armstrong
    Hurd, Abram Farewell, and John Kemp, (L.R.) 5 P.C.221 in
    the following words:

    ” Now the doctrine of laches in Courts of Equity is
    not an arbitrary or a technical doctrine, Where it
    would be practically unjust to give a remedy, either
    because the party has, by his conduct, done that
    which might fairly be regarded as equivalent to a
    waiver of it, or where by this conduct and neglect he
    has though perhaps not waiving that remedy, yet put
    the other party in a situation in which it would not be
    reasonable to place him if the remedy were
    afterwards to be asserted, in either of these cases,
    lapse of time and delay are most material. But in
    every case,if an argument against relief, which
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    otherwise would be just, is founded upon mere
    delay, that delay of course not amounting to a bar by
    any statute of limitations, the validity of that defence
    must be tried upon principles substantially equitable.
    Two circumstances, always important in such cases,
    are, the length of the delay and the nature of the
    acts done during the interval, which might affect
    either party and cause a balance of justice or
    injustice in taking the one course or the other, so far
    as relates to the remedy.”

    10. The Hon’ble Supreme Court in the matter of Bichitrananda Behera

    Vs. State of Orissa and others reported in 2023 Livelaw (SC) 883,

    under relevant para 21 held as under:-

    “21. Profitably, we may reproduce relevant passagesfrom
    certain decisions of this Court:

    (A) Union of India v Tarsem Singh, (2008) 8 SCC 648:

    “To summarise, normally, a belated service related claim
    will be rejected on the ground of delay and laches (where
    remedy is sought by filing a writ petition) or limitation
    (where remedy is sought by an application to the
    Administrative Tribunal). One of the exceptions to the said
    rule is cases relating to a continuing wrong. Where a
    service related claim is based on a continuing wrong, relief
    can be granted even if there is a long delay in seeking
    remedy, with reference to the date on which the continuing
    wrong commenced, if such continuing wrong creates a
    continuing source of injury. But there is an exception to the
    exception. If the grievance is in respect of any order or
    administrative decision which related to or affected several
    others also, and if the reopening of the issue would affect
    the settled rights of third parties, then the claim will not be
    entertained. For example, if the issue relates to payment
    or refixation of pay or pension, relief may be granted in
    spite of delay as it does not affect the rights of third
    parties. But if the claim involved issues relating to seniority
    or promotion, etc., affecting others, delay would render the
    claim stale and doctrine of laches/limitation will be applied.
    Insofar as the consequential relief of recovery of arrears
    for a past period is concerned, the principles relating to
    recurring/successive wrongs will apply. As a consequence,
    the High Courts will restrict the consequential relief relating
    to arrears normally to a period of three years prior to the
    date of filing of the writ petition.” (emphasis supplied)
    (B) Union of India v N Murugesan, (2022) 2 SCC 25:

    “Delay, laches and acquiescence
    8

    20. The principles governing delay, laches, and
    acquiescence are overlapping and interconnected on
    many occasions. However, they have their distinct
    characters and distinct elements. One can say that delay
    is the genus to which laches and acquiescence are
    species. Similarly, laches might be called a genus to a
    species by name acquiescence. However, there may be a
    case where acquiescence is involved, but not laches.
    These principles are common law principles, and perhaps
    one could identify that these principles find place in various
    statutes which restrict the period of limitation and create
    non consideration of condonation in certain circumstances.
    They are bound to be applied by way of practice requiring
    prudence of the court than of a strict application of law.
    The underlying principle governing these concepts would
    be one of estoppel. The question of prejudice is also an
    important issue to be taken note of by the court.
    Laches

    21. The word “laches” is derived from the French language
    meaning “remissness and slackness”. It thus involves
    unreasonable delay or negligence in pursuing a claim
    involving an equitable relief while causing prejudice to the
    other party. It is neglect on the part of a party to do an act
    which law requires while asserting a right, and therefore,
    must stand in the way of the party getting relief or remedy.

    22. Two essential factors to be seen are the length of the
    delay and the nature of acts done during the interval. As
    stated, it would also involve acquiescence on the part of
    the party approaching the court apart from the change in
    position in the interregnum. Therefore, it would be
    unjustifiable for a Court of Equity to confer a remedy on a
    party who knocks its doors when his acts would indicate a
    waiver of such a right. By his conduct, he has put the other
    party in a particular position, and therefore, it would be
    unreasonable to facilitate a challenge before the court.
    Thus, a man responsible for his conduct on equity is not
    expected to be allowed to avail a remedy.

    23. A defence of laches can only be allowed when there is
    no statutory bar. The question as to whether there exists a
    clear case of laches on the part of a person seeking a
    remedy is one of fact and so also that of prejudice. The
    said principle may not have any application when the
    existence of fraud is pleaded and proved by the other side.
    To determine the difference between the concept of laches
    and acquiescence is that, in a case involving mere laches,
    the principle of estoppel would apply to all the defences
    that are available to a party. Therefore, a defendant can
    succeed on the various grounds raised by the plaintiff,
    while an issue concerned alone would be amenable to
    acquiescence.

    9

    Acquiescence

    24. We have already discussed the relationship between
    acquiescence on the one hand and delay and laches on
    the other.

    25. Acquiescence would mean a tacit or passive
    acceptance. It is implied and reluctant consent to an act. In
    other words, such an action would qualify a passive
    assent. Thus, when acquiescence takes place, it
    presupposes knowledge against a particular act. From the
    knowledge comes passive acceptance, therefore instead
    of taking any action against any alleged refusal to perform
    the original contract, despite adequate knowledge of its
    terms, and instead being allowed to continue by
    consciously ignoring it and thereafter proceeding further,
    acquiescence does take place. As a consequence, it
    reintroduces a new implied agreement between the
    parties. Once such a situation arises, it is not open to the
    party that acquiesced itself to insist upon the compliance
    of the original terms. Hence, what is essential, is the
    conduct of the parties. We only dealt with the distinction
    involving a mere acquiescence. When acquiescence is
    followed by delay, it may become laches. Here again, we
    are inclined to hold that the concept of acquiescence is to
    be seen on a case-to-case basis.” (emphasis supplied)

    (C) Chairman, State Bank of India v M J James, (2022) 2
    SCC 301:

    “36. What is a reasonable time is not to be put in a
    straitjacket formula or judicially codified in the form of
    days, etc. as it depends upon the facts and circumstances
    of each case. A right not exercised for a long time is
    nonexistent. Doctrine of delay and laches as well as
    acquiescence are applied to non-suit the litigants who
    approach the court/appellate authorities belatedly without
    any justifiable explanation for bringing action after
    unreasonable delay. In the present case, challenge to the
    order of dismissal from service by way of appeal was after
    four years and five months, which is certainly highly
    belated and beyond justifiable time. Without satisfactory
    explanation justifying the delay, it is difficult to hold that the
    appeal was preferred within a reasonable time. Pertinently,
    the challenge was primarily on the ground that the
    respondent was not allowed to be represented by a
    representative of his choice. The respondent knew that
    even if he were to succeed on this ground, as has
    happened in the writ proceedings, fresh inquiry would not
    be prohibited as finality is not attached unless there is a
    legal or statutory bar, an aspect which has been also
    noticed in the impugned judgment. This is highlighted to
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    show the prejudice caused to the appellants by the
    delayed challenge. We would, subsequently, examine the
    question of acquiescence and its judicial effect in the
    context of the present case.

    Xxx

    38. In Ram Chand v. Union of India [Ram Chand v. Union
    of India, (1994) 1 SCC 44] and State of U.P. v. Manohar
    [State of U.P. v. Manohar, (2005) 2 SCC 126] this Court
    observed that if the statutory authority has not performed
    its duty within a reasonable time, it cannot justify the same
    by taking the plea that the person who has been deprived
    of his rights has not approached the appropriate forum for
    relief. If a statutory authority does not pass any orders and
    thereby fails to comply with the statutory mandate within
    reasonable time, they normally should not be permitted to
    take the defence of laches and delay.
    If at all, in such
    cases, the delay furnishes a cause of action, which in
    some cases as elucidated in Union of India v. Tarsem
    Singh [Union of India
    v. Tarsem Singh, (2008) 8 SCC 648 :

    (2008) 2 SCC (L&S) 765] may be continuing cause of
    action.The State being a virtuous litigant should meet the
    genuine claims and not deny them for want of action on
    their part. However, this general principle would not apply
    when, on consideration of the facts, the court concludes
    that the respondent had abandoned his rights, which may
    be either express or implied from his conduct.

    Abandonment implies intentional act to acknowledge, as
    has been held in para 6 of Motilal Padampat Sugar Mills
    Co. Ltd. v. State of U.P. [Motilal Padampat Sugar Mills Co.
    Ltd. v. State of U.P., (1979) 2 SCC 409 : 1979 SCC (Tax)
    144] Applying this principle of acquiescence to the precept
    of delay and laches, this Court in U.P. Jal Nigam v.Jaswant
    Singh [U.P. Jal Nigam v. Jaswant Singh, (2006) 11 SCC
    464 : (2007) 1 SCC (L&S) 500] after referring to several
    judgments, has accepted the following elucidation in
    Halsbury’s Laws of England : (Jaswant Singh case [U.P.
    Jal Nigam v. Jaswant Singh
    , (2006) 11 SCC 464 : (2007) 1
    SCC (L&S) 500] , SCC pp. 470-71, paras 12 &13)

    “12. The statement of law has also been summarised in
    Halsbury’s Laws of England, Para 911,p. 395 as follows:

    ‘In determining whether there has been such delay as to
    amount to laches, the chief points to be considered are:

    (i) acquiescence on the claimant’s part;and

    (ii) any change of position that has occurred on the
    defendant’s part.

    11

    Acquiescence in this sense does not mean standing by
    while the violation of a right is in progress,but assent after
    the violation has been completed and the claimant has
    become aware of it. It is unjust to give the claimant a
    remedy where, by his conduct, he has done that which
    might fairly be regarded as equivalent to a waiver of it; or
    where by his conduct and neglect, though not waiving the
    remedy, he has put the other party in a position in which it
    would not be reasonable to place him if the remedy were
    afterwards to be asserted. In such cases lapse of time and
    delay are most material. Upon these considerations rests
    the doctrine of laches.’

    13. In view of the statement of law as summarised above,
    the respondents are guilty since the respondents have
    acquiesced in accepting the retirement and did not
    challenge the same in time. If they would have been
    vigilant enough, they could have filed writ petitions as
    others did in the matter. Therefore, whenever it appears
    that the claimants lost time or whiled it away and did not
    rise to the occasion in time for filing the writ petitions, then
    in such cases, the court should be very slow in granting
    the relief to the incumbent. Secondly, it has also to be
    taken into consideration the question of acquiescence or
    waiver on the part of the incumbent whether other parties
    are going to be prejudiced if the relief is granted. In the
    present case, if the respondents would have challenged
    their retirement being violative of the provisions of the Act,
    perhaps the Nigam could have taken appropriate steps to
    raise funds so as to meet the liability but by not asserting
    their rights the respondents have allowed time to pass and
    after a lapse of couple of years, they have filed writ
    petitions claiming the benefit for two years. That will
    definitely require the Nigam to raise funds which is going
    to have serious financial repercussions on the financial
    management of the Nigam. Why should the court come to
    the rescue of such persons when they themselves are
    guilty of waiver and acquiescence?”

    39. Before proceeding further, it is important to clarify
    distinction between “acquiescence” and “delay and
    laches”. Doctrine of acquiescence is an equitable doctrine
    which applies when a party having a right stands by and
    sees another dealing in a manner inconsistent with that
    right, while the act is in progress and after violation is
    completed, which conduct reflects his assent or accord. He
    cannot afterwards complain. [See Prabhakar v. Sericulture
    Deptt.
    , (2015) 15 SCC 1 : (2016) 2 SCC (L&S) 149.
    Also,
    see Gobinda Ramanuj Das Mohanta v. Ram Charan Das,
    1925 SCC OnLine Cal 30 : AIR 1925 Cal 1107] In literal
    sense, the term acquiescence means silent assent, tacit
    consent, concurrence, or acceptance, [See Vidyavathi
    Kapoor Trust v. CIT
    , 1991 SCC OnLine Kar 331 : (1992)
    194 ITR 584] which denotes conduct that is evidence of an
    12

    intention of a party to abandon an equitable right and also
    to denote conduct from which another party will be justified
    in inferring such an intention. [See Krishan Dev v. Ram
    Piari
    , 1964 SCC OnLine HP 5 : AIR 1964 HP 34]
    Acquiescence can be either direct with full knowledge and
    express approbation, or indirect where a person having the
    right to set aside the action stands by and sees another
    dealing in a manner inconsistent with that right and in spite
    of the infringement takes no action mirroring acceptance.
    [See “Introduction”, U.N. Mitra, Tagore Law Lectures —
    Law of Limitation and Prescription, Vol. I, 14th Edn., 2016.]
    However, acquiescence will not apply if lapse of time is of
    no importance or consequence.

    40. Laches unlike limitation is flexible. However, both
    limitation and laches destroy the remedy but not the right.
    Laches like acquiescence is based upon equitable
    considerations, but laches unlike acquiescence imports
    even simple passivity. On the other hand, acquiescence
    implies active assent and is based upon the rule of
    estoppel in pais. As a form of estoppel, it bars a party
    afterwards from complaining of the violation of the right.
    Even indirect acquiescence implies almost active consent,
    which is not to be inferred by mere silence or inaction
    which is involved in laches. Acquiescence in this manner is
    quite distinct from delay. Acquiescence virtually destroys
    the right of the person. [See Vidyavathi Kapoor Trust v.
    CIT
    , 1991 SCC OnLine Kar 331 : (1992) 194 ITR 584]
    Given the aforesaid legal position, inactive acquiescence
    on the part of the respondent can be inferred till the filing
    of the appeal, and not for the period post filing of the
    appeal. Nevertheless, this acquiescence being in the
    nature of estoppel bars the respondent from claiming
    violation of the right of fair representation.”

    11. It is the duty of the court to scrutinize whether such enormous delay is

    to be ignored without any justification. Remaining innocuously oblivious

    to such delay does not foster the cause of justice. On the contrary, it

    brings in injustice, for it is likely to affect others. Such delay may have

    impact on others’ ripened rights and may unnecessarily drag others

    into litigation which in acceptable realm of probability, may have been

    treated to have attained finality. A court is not expected to give

    indulgence to such indolent persons, such delay does not deserve any

    indulgence and on the said ground alone this Court deems it
    13

    appropriate to dismiss this petition at the very threshold. The doctrine

    of delay and laches, or for that matter statutes of limitation are

    considered to be statutes of repose and statutes of peace. There must

    be a lifespan during which a person must approach the court for their

    remedy. Otherwise, there would be unending uncertainty as to the

    rights and obligations of the parties.

    12. Considering the facts and circumstances of the present case in light of

    the judgments cited above, in my opinion, the petitioner utterly failed to

    explain the delay caused in filing instant petition. Accordingly, this

    petition is hereby dismissed on account of delay and laches. No costs.

    Sd/-

    (Rakesh Mohan Pandey)
    Judge

    vatti



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