Patna High Court
Chakradhar MishraversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NANI TAGIA
Holding
The writ petition is dismissed due to inordinate delay and laches.
Summary
Chakradhar Mishra filed a writ petition challenging a 2001 order of the Divisional Forest Officer, Munger, which withheld his five‑yearly pay increments, and a 2010 appellate order of the Conservator of Forest Wildlife. The High Court observed that the petition was filed after an inordinate delay, more than two decades after the impugned orders. The Court held that such delay amounted to laches, rendering the petition untenable. Consequently, the petition was dismissed on the ground of delay and laches. No substantive merits of the pay‑increment grievance were examined.
Issues considered
- What is the effect of inordinate delay and laches on the maintainability of a writ petition challenging administrative orders?
Subjects
- writ petition
- delay
- laches
- service law
- pay increments
- administrative order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1278 of 2026
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Chakradhar Mishra S/o - Late Ram Narayan Mishra, R/o- Mohalla- Bhardwaj
Nagar, Ward no.- 03, Briaghu, P.S.- Muffasil Begusarai, District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Chief Conservator of Forest, Bihar
Patna Aranya Bhawan, Shaheed Peer Ali Khan Path, Patna.
2. The Conservator of Forest Wildlife, Aranya Bhawan Shaheed Peer Ali Khan
Path, Patna, Bihar.
3. The Divisional Forest Officer, Munger Division, Munger.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar, Advocate
Mr. Shashank Shekhar, Advocate
Ms. Pragati Singh, Advocate
Mr. Shashank Shekhar, Advocate
Ms. Vidhi Shree, Advocate
For the Respondent/s : Mr. Standing Counsel (15)
Ms. Deepika Sharma, AC to SC-15
======================================================
CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
ORAL ORDER
2 03-02-2026 Heard learned counsel for the parties.
2. The order under challenge in the present writ
petition is dated 12.12.2001 passed by the Divisional Forest
Officer, Munger vide order No. 170, whereby five yearly pay
increments of the petitioner have been withheld with cumulative
effect. Also under challenge is the appellate order Memo No.
227, dated 04.03.2010, passed by the Conservator of Forest
Wildlife.
3. Both the orders under challenge being of the year
2001 and 2010, respectively, I am of the view that there is an
Patna High Court CWJC No.1278 of 2026(2) dt.03-02-2026
2/2
inordinate delay in filing the writ petition.
4. Accordingly, the writ petition stands dismissed on
the ground of delay and laches.
(Nani Tagia, J)
nishant/-
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