? Bivitton BBfietj INTHE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT APPEAL. No.03^ OF 2oVe> APPELLANTS PETITIONERS p^e^'; dstsd. •nx^ ,^5,.C2r^l.A :^'"^:i'vs^"1 \._^i^^ s — 2.^) A. K. Dey (since dead), son Late F. N. Dey, former resident of Mission Hospital Road Bilaspur, District Bjlaspur, (Chhattisgarh) ..^'Tbx^^A ^.oX R^fw^^vK^'^^ Smt. Pushpa Dey, wife of Late Shri A. K. Dey, aged about 73 years; ^Utsav Dey, son of Late Shri A. K. Dey, aged about 48 years 3.9^ "" utPal Dey- son ofLate Shri A. K. Dey, aged about 45 years All residents of Mission Hospital Road, Bilaspur, District Bilaspur, (Chhattisgarh) VE RS U S RESPONDENTS RESPONDENTS ^ f 2. Chhattisgarh State Electricity Board (now CG State Power Distribution Co. Ltd.) through Its Secretary, Dangania, Raipur (Chhattisgarh) The Executive Engineer Chhattisgarh State Electricity Electricity Board, (nowCG State Power Distribution Co. Ltd.) City Division, Bilaspur, (Chhattisgarh) 3. Collector, District (Chhattisgarh) Bilaspur, APPEAL TO DIVISION BENCH UNDER SECTION 2 (1) OF THE CHHATTISGARH HIGH COURT (APPEAL TO DIVISION BENCH) ACT, 2006 READ WITH RULE 158 (10) OF THE CHATTISGARH HIGH COURT RULES 2007. b"" HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Appeal No. 311 of 2010 APPELLANTS/ PETITIONERS RESPONDENTS A.K. Dey (since dead) & Others Versus Chhattisgarh State Etectricity Board & Others WntAp^eal under Section 2(1) of Chhattjsaarh Hiah Couit (Appeal to Division Bench^ Act. 2006 DB: Hon'ble Shri Justice I.M. Quddusi & Hon'ble Shri Justice N. K. Agarwal. Present : Shri Ashish Shrivastava, Advocate for the appellants. Shri Vinay Harit, Deputy Advocate General for the State/respondent No. 2. ORAL ORDER (Passed on 25.10.2010) Per I.M. Quddusi, J. 1. This writ appeal has been fiied against the judgment and order dated 15.07.2010, passed by the learned Single Judge in Writ Petition No. 1646 of 2003 dismissing the applicatjon for substitution moved after five years from the date of death of the writ petitioner. 2. The deceased writ petitioner had fited the writ petition with the prayers for a writ of mandamus restrainjng the respondents from installing electricity poles and long electricity cables including service cables and high tension cables along the building of the petitioner, and also to remove the poles, lines and cables already installed/shifted in front ofthe building ofthe petitioner. ? 3. The writ petition was filed on 20.05.2003. The petitioner died during the pendency of the writ petition on 22.12.2004 but no application for substitution was filed till 18.08.2009 and the same was filed on 19.08.2009 without explaining the laches. 4. The grievance of the deceased wr'rt petitioner was individual grievance. The application was filed after a long jnordinate and unexplained delay of four years and eight months. It is well settled that High Court in exercise of its discretion does not ordinarily assist the tardy and the indolent or the acquiescent and the lethargic as the belated approach may have the effect of inflicting not only hardship as inconvenience but also injustice on third parties. Learned Single Judge dismissed the same on the above ground relying upon the judgment of Supreme Court in case of Puran Singh & Others v. State of Punjab & Others1. 5. Besides above, it is also a matter of consideration that the legal heirs of the deceased did not raise any objection to the installatipn of the electricity poles and cable wires after the death of the deceased for about five years, therefore, it cannot be said that they had any objection after death of the deceased. In fact it is individual's grievance, one may raise objection and other may not. More-so, the petition was not filed claiming compensation for any damages. 1 1996(2)8cc 205 In view of above, we do not find any illegality or any good ground to interfere with the impugned order passed by the learned Single Judge. Accordingly, the appeal deserves to be and is hereby dismissed. However, this will not debar any person aggrieved, may be legal heirs and otherwise, to approach the authorities. No order asto costs. Sd/- I.M. Quddusi Judge Sd/- N. K. Agarwal Judge Sahu