Court No. - 9
Case :- SPECIAL APPEAL DEFECTIVE No. - 1219 of 2020 Appellant :- Shivanand Singh Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Sunil Kumar Srivastava,Ashok Khare (Sr. Advocate),Shiv Poojan Yadav,Sr. Advocate Counsel for Respondent :- C.S.C.
Hon'ble Sanjay Yadav,J. Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned Standing Counsel for the State.
This appeal is directed against the order dated 11.01.2018 passed in Writ -A No. 6437 of 2011 whereby the challenge putforth by the appellant of the order dated 17.7.2004 has been rejected on the ground of laches.
Though, it is contended that the learned Single Judge erred in dismissing the petition by wrongly applying the principle of law in Writ-A No. 4426 of 2006. However the facts remain that the petition is seeking the quashment of order dated 17.7.2004 and a direction to appoint the petitioner in pursuant to select list dated 29.8.2003. Being trite it is that the equitable court declined the remedy on the ground of laches. We do not perceive any error in the impugned order. Even otherwise life of the select list dated 29.8.2003 having expired and not shown to have revived, no right accrues in favour of the appellant to seek mandamus for appointment.
In view whereof since no relief can be granted, the appeal fails and is dismissed.
No costs.
Order Date :- 8.1.2021 Ruchi Agrahari (Siddharth,J.) (Sanjay Yadav,J.)