Case Note & Summary
The case involved a writ petition filed by the petitioner challenging a transfer order from Bilpad to Pipalwada issued in 1986. The petitioner sought to contest the legality of this transfer order, which had been in effect for a significant period. On 31st March 1986, the court had issued a rule and granted interim relief, allowing the petitioner to remain in his position until 30th April 1986. However, as ten years had elapsed since the issuance of the transfer order, the court concluded that the writ petition no longer survived. The court emphasized the necessity for timely action in legal matters and ultimately dismissed the petition, discharging the rule.
Headnote
A) Constitutional Law - Writ Jurisdiction - Survival of Writ Petition - Constitution of India, 1950 - The petitioner challenged a transfer order issued in 1986, but after a decade, the court found the petition did not survive due to the passage of time. The court dismissed the writ petition and discharged the rule, emphasizing the importance of timely legal action (Paras 1-1).
Issue of Consideration
Whether the writ petition challenging the transfer order survives after ten years.
Final Decision
The court dismissed the writ petition and discharged the rule, stating that the petition did not survive due to the lapse of ten years since the transfer order.
Law Points
- Writ jurisdiction
- Transfer orders
- Delay in litigation
