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may 2008

Supreme Court of India · 2008-05-02

Ashok Kumar vs State Of Bihar & Ors

Citation / case number
AIR 2008 SUPREME COURT 2723
Court
Supreme Court of India
Petitioner
Ashok Kumar
Respondent
State Of Bihar & Ors
Bench
Tarun Chatterjee, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court held that the High Court erred in dismissing the writ petition on the grounds of delay and laches, as the appellant had sufficiently explained the delay of four years in filing the petition following the State Government's decision. The Court emphasized that the pendency of a representation or review by the appellant justified the delay, and thus the writ petition should not have been dismissed on procedural grounds. The Court restored the writ petition for a decision on merits, allowing the appeal and setting aside the High Court's orders.

Ashok Kumar vs State Of Bihar & Ors · Niyam