Neutral Citation No. - 2025:AHC-LKO:12929-DB Court No. - 1 Case :- WRIT - A No. - 2488 of 2025 Petitioner :- Union Of India Thru. Secy. Ministry Of Defence New Delhi And 3 Others Respondent :- No 2715892 M Rect Rahul Kumar Counsel for Petitioner :- Ajit Kumar Dwivedi Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ajit Kumar Dwivedi, learned counsel for the petitioner. 2. By means of the instant writ petition, the petitioner has challenged the validity of the judgement and order dated 11.11.2021 passed by the Armed Forces Tribunal, Lucknow in Original Application No.100 of 2019. By means of the aforesaid original application the respondent had challenged the validity of the order dated 15.01.2019 whereby the respondent was declared deserter. The Tribunal allowed the Original Application holding that the respondent had absented himself from service without leave from 13.04.2018 and he reported back on 30.04.2018 i.e.after about 17 days. It appears that he was willing to serve the Army. The respondent had filed the original application no.232 of 2018 before the Tribunal on 23.04.2018 but he had joined his duties on 30.04.2018, the original application was dismissed as infructuous with liberty to file a fresh original application challenging his removal after rejoining the training. 3. The Tribunal held in its judgement dated 11.11.2021 that the respondent had not absented himself from service for more than 30 days and the order declaring him to be 'deserter' was unsustainable in the eyes of law. The aforesaid judgement and order dated 11.11.2021 has been challenged by way of the instant writ petition which has been filed on 28.02.2025. 4. Regarding the delay in filing the writ petition, it has been pleaded in paragraph-18 of the writ petition that the matter was examined at the level of Integrated Head Quarters (Army), Ministry of Defence and the decision was taken that the judgement of the Tribunal should be challenged. 5. Besides, the aforesaid statement, there is absolutely no particulars as to when the matter was placed before the authority and when the decision was taken thereon. The aforesaid averments do not provide sufficient explanation for the inordinate delay of more than four years in filing the writ petition challenging the order 11.11.2021. 6. Accordingly we are of the considered view that the writ petition suffers from laches and the same is dismissed at the admission stage on that ground alone. (Subhash Vidyarthi,J.) (Attau Rahman Masoodi,J.) Order Date:04.03.2025 Shahnaz Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench