Patna High Court
Administrative and Public LawCivil Procedure and Evidence

Writ petitions filed after prolonged, unexplained delay are liable to dismissal on grounds of laches.

Kamlesh Kumar Singh vs The State of Bihar,

Patna High CourtJUDGMENT: September 10, 20263 MIN READSOURCE JUDGMENT
Writ petitions filed after prolonged, unexplained delay are liable to dismissal on grounds of laches.. Kamlesh Kumar Singh vs The State of Bihar,. Patna High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner claimed that he had participated in the recruitment process pursuant to Advertisement No. 1 of 2016 for appointment as a driver sepoy and that, despite his result, he was not permitted to join service.

Source reference: p.2–3, paras. 2–3

He alleged that he was orally debarred on the ground of colour-vision deficiency without issuance of notice.

Source reference: p.2–3, paras. 2–3

The recruitment process and publication of the result were completed in 2017. The petitioner nevertheless approached the Patna High Court for the first time in 2026, approximately eight years after the alleged cause of action arose.

Source reference: p.2–3, paras. 2–3

The record contained no documentary proof that the petitioner had made any effort to obtain joining between 2017 and 2026; his assertion that he had made oral efforts was not accepted by the Court.

Source reference: p.3, para. 4
02

Issues

Whether the writ petition was liable to be dismissed on the ground of delay and laches, since the petitioner approached the Court approximately eight years after completion of the recruitment process without producing evidence of any intervening effort or explanation for the delay?

Source reference: p.2–3, paras. 3–4

Whether the petitioner was entitled to a direction for being taken back or appointed as a driver sepoy on the allegation that he had been orally debarred on the ground of colour vision without notice?

Source reference: p.2, para. 2; p.3, para. 4
03

Law Applied

The Court applied the doctrine of delay and laches, under which a writ court exercising extraordinary and equitable jurisdiction may refuse relief where an aggrieved person approaches the Court after an inordinate and unexplained delay; delay reflects inaction, may prejudice accrued rights, and equity aids the vigilant rather than those who sleep over their rights.

Source reference: p.3–5, para. 4

The Court relied principally on Chennai Metropolitan Water Supply and Sewerage Board v. T.T. Murali Babu, (2014) 4 SCC 108, particularly paragraphs 16 and 17, which hold that courts must scrutinise the explanation for delay and may reject belated claims where the delay causes prejudice or reflects indolence.

Source reference: p.3–5, para. 4

It also relied on the coordinate Bench decision in Gyasuddin @ Gyasuddin Khan v. The State of Bihar & Ors., C.W.J.C. No. 13306 of 2023, decided on 11 March 2024, recognising that an unexplained and inordinate delay is sufficient to deny writ relief.

Source reference: p.5–6, para. 5
04

Reasoning

The Court found that the petitioner’s alleged grievance arose no later than 2017, when the recruitment process and result were completed, but that he took no documented step to secure joining until filing the writ petition in 2026.

Source reference: p.2–3, paras. 3–4

The Court rejected the petitioner’s assertion of oral efforts because no supporting document or contemporaneous representation was produced.

Source reference: p.3, para. 4

Applying the principles in T.T. Murali Babu and Gyasuddin, the Court held that an unexplained delay of approximately eight years disentitled the petitioner to discretionary writ relief.

Source reference: p.3–7, paras. 4–6

In view of this threshold defect, the Court did not grant relief on the merits of the alleged oral debarment or colour-vision objection.

Source reference: p.3–7, paras. 4–6
05

Holding

The Court held that the writ petition was barred by delay and laches.

Since the petitioner approached the Court approximately eight years after the alleged cause of action and failed to provide a satisfactory explanation or documentary evidence of having pursued joining, the petition was found devoid of merit and was dismissed.

Source reference: p.6–7, para. 6

No direction was issued for the petitioner’s appointment or joining as a driver sepoy.

Source reference: p.6–7, para. 6
Patna High Court

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Kamlesh Kumar SinghvsThe State of Bihar,

Patna High Court · September 10, 2026

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