M/s Shivam Enterprises v. State of U.P & Anr.
Case at a glance
- Decided
- 21 Mar 2025
- Bench
- SHEKHAR B SARAF, KSHITI
- Neutral citation
- 2025:AHC:41436-DB
Outcome
Dismissed
In light of the same, the writ petition is dismissed
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 33. Upon perusal of the writ petition, we find that the writ petition has been filed on 17.03.2025 after the time period for filing statutory appeal has lapsed.
- Para 77. In light of the same, the writ petition is dismissed. Order Date :- 21.3.2025 Jyotsana (Kshitij Shailendra, J.) (Shekhar B. Saraf, J.)
Judgment
Heard learned counsel for the parties.
This writ petition under Article 226 of the Constitution of India has been filed whereby the petitioner is aggrieved by an order dated 25.08.2024 passed by the respondent No.2-Commercial Tax Officer.
Upon perusal of the writ petition, we find that the writ petition has been filed on 17.03.2025 after the time period for filing statutory appeal has lapsed.
No proper explanation has been provided by the petitioner for the delay in filing of the writ petition and the reason for non-filing of appeal.
It is noted that the writ jurisdiction is a discretionary jurisdiction wherein discretion has to be exercised judiciously.
In the cases like this, where there are laches on the part of the writ petitioner and he has not filed statutory remedy within time, we do not find any reason to entertain such petition. Entertaining of such petitions would amount to opening of flood gates to litigants who are negligent and do not comply with the requirements as regards period of limitation prescribed under the Statute.
Operative part
In light of the same, the writ petition is dismissed. Order Date :- 21.3.2025 Jyotsana (Kshitij Shailendra, J.) (Shekhar B. Saraf, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In light of the same, the writ petition is dismissed
Which statutory provisions did this judgment involve?
Constitution of India — art. 226.
Which court decided this case, and when?
Allahabad High Court, on 21 Mar 2025. The bench was SHEKHAR B SARAF, KSHITI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.