Bombay High Court

RAJKUMAR SHAMRAO JATHALversusTHE STATE OF MAHARASHTRA THR THE SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is dismissed as it is barred by delay and laches.

Summary

The petitioner, Rajkumar Shamrao Jathal, filed a writ petition seeking a direction for the court to decide a representation he had made on 20 July 1995. The petition was filed many years after the representation, raising the issue of whether the delay could be condoned. The Court examined the doctrine of laches, which bars relief when a claimant's undue delay defeats the purpose of justice. It held that the petitioner's inordinate delay amounted to laches and therefore could not be entertained. Consequently, the writ petition was dismissed and disposed of on the ground of delay and laches.

Issues considered

Whether the writ petition can be entertained despite the extensive delay since the representation dated 20/07/1995?
Whether the doctrine of laches bars the petitioner from obtaining the relief sought?

Subjects

writ petition
delay
laches
representation
court disposal

Judgment

2026:BHC-AUG:37385-DB


                                                 1                   98-wp-10067-26.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             WRIT PETITION NO. 10067 OF 2026

                                 RAJKUMAR SHAMRAO JATHAL
                                           VERSUS
                 THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND
                                           OTHERS
                                              ...
              Mr. Nanabhau R. Thorat, Advocate for the Petitioner
              Ms. N. B. Kamble, AGP for Respondents/State
                                              ...

                                      CORAM : NITIN B. SURYAWANSHI AND
                                              ABASAHEB D. SHINDE, JJ.
                                        DATE : 17th AUGUST, 2026

              PER COURT :

              1.           By this petition, the petitioner seeks direction to decide

              his representation dated 20/07/1995.

              2.           The writ petition is disposed of solely on the ground of

              delay and laches .



              (ABASAHEB D. SHINDE, J.)               (NITIN B. SURYAWANSHI, J.)




              SVH

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