NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL  NO.1494/2018 (ARISING FROM SLP (C) NO.2388/2018)

ARUN MAAN & ORS.                                   APPELLANT(S)

                               VERSUS

STATE OF UTTAR PRADESH & ORS.                    RESPONDENT(S)

J U D G M E N T KURIAN, J.

Leave granted. 2. In the nature of order we propose to pass, it is not  necessary  to  issue  notice  to  the  respondents, since,  in  any  case,  the  matter  will  have  to  be contested on merits before the High Court. 3. We find that in the High Court also, no notice was issued to the parties while dismissing the writ petition.  The impugned order reads as follows:-

“Having  heard  learned  counsel  for  the petitioners, we find that the petitioner had earlier filed writ petition before the Delhi High Court which was dismissed as withdrawn by  order  dated  21.04.2015  and  07.12.2015. Thereafter  the  petitioner  has  filed  writ

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petition before this Court.  In our opinion the  petitioner  has  approached  the  Court belatedly.  There is a delay of more than five  years  in  approaching  this  Court. Dismissed on the ground of laches.”

4. The order, by which the appellants withdrew their cases before the Delhi High Court dated 21.04.2015 reads as follows:-

“After some arguments, counsel for the petitioners seek leave to withdraw these writ petitions  with  liberty  to  challenge  the letter  dated  15.11.2010  issued  by  the Regional  Transport  Authority,  Agra  whereby the said Authority has taken a decision that all the 81 licenses were fake licenses.

Reserving the said liberty to challenge the legality of the said letter issued by the Assistant  Divisional  Transport  Officer  of Regional Transport Office, Agra Region, the present  writ  petitions  are  dismissed  as withdrawn.”

5. The order dated 07.12.2015, referred to by the High Court in the impugned order, reads as follows:-

“Petitioner  in  person.   At  the  first call,  counsel  for  the  petitioner  was  also present.  Petitioner submits that he wishes to withdraw present writ petition in view of

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the  order  dated  21.4.2015  passed  by  this Court  in  W.P.(C)  6358/2014  and  other connected matters.

Accordingly,  petition  stands  dismissed as withdrawn in view of above.”

6. It  may  be  seen  that  the  High  Court  of  Delhi reserved  the  liberty  to  the  appellants,  while withdrawing  the  writ  petition  to  challenge  the orders, which are now mentioned before the High Court of  Allahabad.   Therefore,  it  cannot  be  said  that there is delay of more than five years, while filing the  writ  petitions.   It  appears  that  the  Writ Petitions have  been  filed  within  five  months, apparently  after  obtaining  the  orders  dated 21.04.2015 and 07.12.2015. 7. Therefore, the impugned order is set aside and the  matter  is  remitted  to  the  High  Court  for considering it afresh. 8. Needless  to  say  that  the  same  may  not  be dismissed on the ground of delay and on the ground that  the  appellants  had  once  approached  the  High Court of Delhi. 9. The appeal is, accordingly, disposed of. 10. Pending  applications,  if  any,  shall  stand disposed of. 11. There shall be no orders as to costs.

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12. The Registry may communicate this order forthwith to the High Court concerned.

..........................J.               [KURIAN JOSEPH]  

..........................J.               [MOHAN M. SHANTANAGOUDAR]  NEW DELHI; FEBRUARY 02, 2018.

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