0312wp5140.09.odt 1/1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 5140 OF 2009 (YASHWANT MOTIRAM MATE VS. THE STATE OF MAH. & 7 OTHERS) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr. S. B. Solat, Advocate for the petitioner. Mr. N. W. Sambre, Govt. Pleader for R- 1 & 2. CORAM: D. D. SINHA & F. M. REIS, JJ. DATED : 03rd DECEMBER, 2009. Heard. Learned Counsel for the petitioner has submitted that the claim of the petitioner for grant of deem date has not been considered properly by the Additional Commissioner, Nagpur Division, Nagpur, and therefore, the conclusions recorded in the impugned order dated 15/9/2004 by the Authority are unsustainable in law. The learned Government Pleader has supported the impugned order and contended that the petition suffers from delay and laches. Considered the contentions canvassed by the respective Counsel. The impugned order is passed in the year 2004 and the petitioner approached this Court in 2009. There is no valid justification for inordinate delay caused in filing the writ petition, and therefore, the petition undoubtedly suffers from delay and laches. Even otherwise, perusal of the order would show that the petitioner has no good case on merits since respondent No.6 was promoted to the post of Gram Sevak on the basis of seniority, and therefore, the claim of the petitioner was not tenable. Hence, the writ petition on both the counts suffer from lack of merit and is dismissed accordingly. JUDGE JUDGE wwl