AVINASH KUMAR GAUTAM v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 5 OTHERS
WRIA/4364/2025 · 2025-04-22
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135225 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135225 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:22883 Court No. - 18 Case :- WRIT - A No. - 4364 of 2025 Petitioner :- Avinash Kumar Gautam Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 5 Others Counsel for Petitioner :- Syed Aftab Ahmad,Adnan Hashmat,Asma Shamim,Mohammed Hamza Shamim Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J.
1. Heard learned counsel for the applicant as well as learned learned Standing Counsel for the respondents and perused the record.
2. Learned Standing Counsel has submitted that petition has been filed after delay and latches of more than two decades.
3. Learned counsel for the petitioner submits that deceased father of the petitioner died on 4.4.1998 and that time petitioner was minor. After attaining the majority in the year 2006, on 7.4.2006 he represented to the Superintendent of Police, Bahraich. The mother of the petitioner has also approached the Superintendent of Police, Bahraich on 30.10.2007 requesting to appoint his eldest son on compassionate ground. Since then representation is pending, however, no decision has been taken by the Superintendent of Police, Bahraich to consider on compassionate appointment. The prayer for compassionate appointment in place of his deceased father may be considered.
4. Perused the record.
5. Perusal of the record shows that after the death of the deceased father of the petitioner in the year 1998 the petitioner was minor. Admittedly he attained the majority in the year 2006, no plausible explanation has been given by the petitioner that whey he could not approach this Court in the year 2006 itself. While filing the writ petition the extra ordinary delay and latches of approximately 19 years has not been explained at all by the petitioner.
6. Thus, this Court is not inclined to entertain this petition. The petition is dismissed on account of latches and unexplained delay.
7. The liberty is given to the petitioner to challenge the order dated 12th November, 2017 contained as Annexure No.19. Order Date :- 22.4.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench