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Patna High Court

Amarnath ThakurversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petition is dismissed for inordinate delay and laches.

Summary

The petitioner, Amarnath Thakur, a former Panchayat Secretary, challenged his dismissal order dated 16 September 2014 issued by the District Magistrate of Samastipur. The writ petition was filed in February 2026, more than eleven years after the dismissal. The High Court examined whether the petition could be entertained despite the extraordinary delay. The Court held that the petition was filed with inordinate delay and that the doctrine of laches barred any relief. Consequently, the petition was dismissed on the ground of delay and laches.

Issues considered

  • Whether a writ petition filed after an inordinate delay is maintainable
  • Whether the doctrine of laches applies to bar relief in a service dismissal case

Subjects

  • writ petition
  • service dismissal
  • delay
  • laches
  • administrative law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Civil Writ Jurisdiction Case No.757 of 2026
                 ======================================================
                 Amarnath Thakur Son of Late Dwarika Prasad Thakur, resident of Village-
                 Hansopur, P.S.- Khanpur, District- Samastipur (Bihar).




                                                                              ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Principal Secretary Panchayati Raj
                 Department, Patna, Bihar.
           2.    The Commissioner, Darbhanga.
           3.    The District Magistrate, Samastipur.
           4.    The Block Development Officer, Sivajinagar, Samastipur.
           5.    The Block Development Officer, Hasanpur, Samastipur.
           6.    The Block Development Officer, Ujyarpur, Samastipur.



                                                                            ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Ghanshyam Choudhary, Advocate
                 For the Respondent/s   :      Mr. Shiv Kumar, AC to GA-3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
                                               ORAL ORDER

2   02-02-2026                     Order under challenge in this writ petition is dated

                   16.09.2014, issued vide letter no. 1023 by District Magistrate,

                   Samastipur, whereby the petitioner’s services as Panchayat

                   Secretary has been dismissed.

                                 2. Since the order impugned has been passed way

                   back on 16.09.2014, I am of the view that this writ petition has
             Patna High Court CWJC No.757 of 2026(2) dt.02-02-2026
                                                         2/2




                       been filed with inordinate delay.

                                   3. In view of the above, the writ petition stands

                       dismissed on the ground of delay and laches.



                                                     (Nani Tagia, J)
Amrendra/-

U


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