Judgment · High Court

Heard Mr. M.A. Sheikh, learned counsel for the petitioner. Also heard Mr. M. Bha gabati, learned counsel representing the respondents. This writ petition is dire cted against the order dated 14.2.2005 passed by then IM(D)T, Barpeta in case No . 2653/2003 in reference no. 9228/98 (Union of India Vs. Amela Khatun). By now m ore than 8(eight) years have gone by and there is absolutely no explanation as t o the cause of delay of eight years in filing the writ petition. Against the said order of the then IM(D)T, the petitioner had preferred an appeal before the appellate Tribunal which was registered and numbered as App eal Case No. 11/2005. However, as per the judgement in Sarbananda Sonowal Vs. Un ion of India reported in AIR 2005 SC 2920, the IM(D)T Act stood repealed and al l appeals pending before the appellate tribunal stood abated. If the petitioner was aggrieved by the order dated 14.02.2005, ought to have pursued such legal re medy as might be available to her. However, she did nothing and merrily sat over the matter and now has filed this writ petition on 21.6.2013 without explaining and or furnishing any ground of the delay in approaching the Writ Court. As a r ule of prudence, the Writ Court should not exercise jurisdiction on a writ petit ion that is filed after considerable delay and / or sitting over the grievance, if any. In view of the above, the writ petition stands dismissed. The Deputy Com missioner, Barpeta, shall ensure deletion of the name of the petitioner from the voter list, if any. The Superintendent of Police (B), Barpeta shall ensure dete ntion of the petitioner in the detention camp till her deportation to her countr y of origin. Let a copy of this order be furnished to Mr. M. Bhagabati, learned State Counsel, for his necessary follow up action.