IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 16441 of 2011 Bisheshwar Prasad Yadav Son Of Late Ram Khelawan Prasad Yadav Resident Of Village Kanhaipur, P.S. Mokama, District Patna, At Present Kamal Kothi Purandaha, P.S. And District Deoghar ……………… Petitioner Versus 1. The State Of Bihar 2. The Secretary Home (Special), Government Of Bihar, Old Secretariat Patna 3. The Commandant General -Cum-Director General Bihar Home Guard, Chhajubag, Patna 4. The Commandant (Admn) Bihar Home Guard, Chhajubag, Patna ……………….. Respondents ---------------------------------- For the Petitioner: Mr. Surya Kant Mishra, Advocate Mr. Sushil Kumar Jha, Advocate For the State: Mr. Manoj Kumar Ambastha, Advocate Mr. Santosh Kumar Mishra, AC to GP-14 ******************* 02. 16.11.2011 One of the primary reason why the Court is not inclined to delve in the matter raised by the petitioner in the present Writ Application is the gross laches and negligence on his part to assert his right at the relevant time when the cause of action arose. The reason for grievance of the petitioner is grant of certain benefit of time bound kind by virtue of a notification contained in Annexure- 3, which was issued on 31.12.1993. Petitioner was kept out of zone of consideration because there was something adverse pending against him at that point of time. That adverse entry according to the petitioner stood expunged in the year 1992. Petitioner remained in service till the year 1999. In other words, whatever decision was taken contrary to the interest of the petitioner was during the period when he was very much in service and was well aware of the decision of the 2 respondents to deny him the benefit. What is the sudden immediate provocation for the petitioner to approach this Court in the year 2011 is not known. But taking into consideration that the order or Annexure- 3 was issued more than 17 years ago, this Court has serious reservation in reopening such dead issue at the instance of a citizen who is not vigilant about his right at the right time. Writ is dismissed on above-stated facts. SKM (Ajay Kumar Tripathi, J.)