Case Note & Summary
The petitioner, Smt. Lakshmavva W/o. Ramanna Goshellanavar, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench, seeking a writ of certiorari to quash three endorsements issued by the 4th respondent (Divisional Controller, KSRTC, Gadag Division) dated 18/06/2022, 09/12/2022, and 23/11/2023, and a writ of mandamus directing the 4th respondent to appoint her as a 'D' Group employee on compensatory grounds. The petitioner claimed that she was entitled to appointment on compensatory grounds, but the endorsements rejected her claim. The respondents opposed the petition, primarily on the ground of delay and laches, arguing that the endorsements were issued in 2022 and 2023, but the petition was filed only in 2025 without any explanation for the delay. The court, after hearing the parties, observed that the petitioner had not offered any explanation for the delay in challenging the endorsements. The court held that the petition was liable to be dismissed on the ground of delay and laches, as the petitioner had slept over her rights for a considerable period. Consequently, the writ petition was dismissed. No order as to costs.
Headnote
A) Constitutional Law - Writ Jurisdiction - Delay and Laches - Petitioner challenged endorsements dated 18/06/2022, 09/12/2022, and 23/11/2023 in a writ petition filed in 2025 without explaining the delay - Held that the petition is liable to be dismissed on the ground of delay and laches as the petitioner slept over her rights for a considerable period (Paras 1-3).
Issue of Consideration
Whether the writ petition challenging endorsements dated 18/06/2022, 09/12/2022, and 23/11/2023 is maintainable in view of delay and laches.
Final Decision
The writ petition is dismissed on the ground of delay and laches. No order as to costs.
Law Points
- Delay and laches
- Compensatory appointment
- Writ jurisdiction
- Limitation for writ petitions
Case Details
2020 LawText (KAR) (08) 31
WP No. 102208 of 2025 (S-RES)
Sri. Hemanthkumar L. Havaragi (for petitioner), Sri. P.N.Hatti (HCGP for R1), Sri. Prashant Hosamani (for R2 to R5)
Smt. Lakshmavva W/o. Ramanna Goshellanavar
The State of Karnataka, Department of Transport; The Managing Director, North West Karnataka State Road Transport Corporation; The Deputy Commissioner, Gadag; The Divisional Controller, K. S. R. T. C. Gadag Division; The Depo Manager, NWSKRTC, Shirahatti
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging endorsements rejecting claim for compensatory appointment.
Remedy Sought
Quashing of three endorsements dated 18/06/2022, 09/12/2022, and 23/11/2023, and direction to appoint petitioner as 'D' Group employee on compensatory grounds.
Filing Reason
Petitioner's claim for appointment on compensatory grounds was rejected by the endorsements.
Issues
Whether the writ petition is maintainable in view of delay and laches in challenging the endorsements.
Submissions/Arguments
Petitioner argued that she is entitled to appointment on compensatory grounds and the endorsements are illegal.
Respondents contended that the petition is barred by delay and laches as the endorsements were issued in 2022 and 2023, but the petition was filed in 2025 without explanation.
Ratio Decidendi
A writ petition challenging administrative orders must be filed within a reasonable time. Delay without explanation renders the petition liable to be dismissed on the ground of laches.
Judgment Excerpts
The petitioner is before this Court seeking for the following reliefs: A. A writ in the nature of certiorari to quash the impugned endorsements...
The petition is liable to be dismissed on the ground of delay and laches.
Procedural History
The writ petition was filed in 2025 challenging endorsements dated 18/06/2022, 09/12/2022, and 23/11/2023. The matter came up for preliminary hearing on 14/08/2025, and the court dismissed the petition on the ground of delay and laches.
Acts & Sections
- Constitution of India: Articles 226, 227
