State Of Madhya Pradesh vs Bhailal Bhai & Ors on 20 January, 1964
3. The learned single Judge has rightly held that grant of writ
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under Article 226 of the Constitution of India is a discretionary relief
and in order to exercise the discretion in favour of a party, there
should be no inordinate delay or latches. The learned single Judge
has placed reliance on the judgment of the Hon'ble Supreme Court in
State of M.P. Vs. Bhailal Bhai, AIR 1964 SC 1006. The learned
single Judge observed in the impugned order that though the appeal
of the appellant had been dismissed in January, 2005, the writ
petition was filed only in 2009 thus entailing a delay of more than
four years. The review petition, purported to have been filed by the
appellant, had been filed only after the expiry of more than three
years from the date of the disposal of the appeal. Therefore, the
learned single Judge correctly came to the conclusion that the
appellant was trying to rake up a stale claim which was hit by
inordinate delay and latches. The learned single Judge also rightly
held that there was no question of issuing a direction to the
respondent to dispose of the review petition purported to have been
filed in February, 2008 as the review petition itself had been filed
after the expiry of more than three years.