Gurudev Singh vs. State Of Odisha

Facts

The petitioner, Gurudev Singh, approached the Orissa High Court in March 2021 to challenge a memorandum dated July 22, 2017, issued by the Works Department, Government of Odisha. This memorandum was issued consequent to the commencement of the Goods and Services Tax (GST) regime. The petition was filed after a significant delay, and no valid explanation was provided for this inordinate delay in approaching the Court. The opposite parties included the State of Odisha and others.

Held

The Court held that the writ petition could not be entertained due to the inordinate delay in approaching the Court. The petitioner had failed to provide any valid explanation for the delay in challenging the memorandum dated July 22, 2017, which was issued in 2017, while the petition was filed in March 2021. The Court found this delay to be a significant impediment to granting relief. Consequently, the petition was dismissed on the grounds of laches. The reasoning was that the passage of time without a valid explanation erodes the equitable basis for exercising writ jurisdiction. The ratio decidendi is that unexplained inordinate delay in approaching the High Court for challenging an administrative action renders the petition liable for dismissal on the ground of laches.

Key Issues

1. Whether the writ petition is maintainable in view of the inordinate delay in approaching the Court, and if so, what is the impact of such delay on the relief sought? The petitioner, Gurudev Singh, sought to challenge a memorandum issued by the Works Department, Government of Odisha, in July 2017. The State, represented by Mr. D.K. Mohanty, AGA, contended that the petition suffered from an inordinate delay, as it was filed in March 2021, challenging an order from 2017. The petitioner's counsel, Mr. J. Dash, did not provide any explanation for this delay in the petition. The Court was therefore required to consider the issue of laches.