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6. Recently, the Apex Court in the case of Mrinmoy Maity (supra) has held as under:-

"9. Having heard rival contentions raised and on perusal of the facts obtained in the present case, we are of the considered view that writ petitioner ought to have been non-suited or in other words writ petition ought to have been dismissed on the ground of delay and latches itself. An applicant who approaches the court belatedly or in other words sleeps over his rights for a considerable period of time, wakes up from his deep slumber ought not to be granted the extraordinary relief by the writ courts. This Court time and again has held that delay defeats equity. Delay or latches is one of the factors which should be born in mind by the High Court while exercising discretionary powers under Article 226 of the Constitution of India. In a given case, the High Court may refuse to invoke its extraordinary powers if laxity on the part of the applicant to assert his right has allowed the cause of action to drift away and attempts are made subsequently to rekindle the lapsed cause of action.

7. From a perusal of the judgment of the Apex Court in the case of Mrinmoy Maity (supra) it emerges that the Apex Court has held that a person who approaches the Court belatedly or in other words sleeps over his right for a considerable period of time and wakes up from his deep slumber after considerable period of time ought not to be granted the extraordinary relief by the writ Court. The Apex Court has also held that time and again it has been laid down that delay defeats equity. Delay or laches is one of the factors which should be borne in mind by the High Court while exercising discretionary powers under Article 226 of Constitution of India.