State Of U.P.& Ors vs Arvind Kumar Srivastava & Ors on 17 October, 2014
55. Thirdly, the issue of delay and laches, though
noticed, has not been adequately appreciated in its proper legal
perspective. The appellants had specifically contended that the writ
petitioner approached the Court after a considerable lapse of time
and, therefore, could not claim parity with those who had been
vigilant in asserting their rights. The Hon'ble Supreme Court in
State of U.P. vs. Arvind Kumar Srivastava (Supra) has clearly
held that though similarly situated persons are ordinarily entitled
to equal treatment, this principle is subject to exceptions,
particularly in cases involving delay, laches and acquiescence.
Persons who wake up after long delay cannot claim the same relief
as those who approached the Court in time.