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2021 (8) TMI 401 - HC - Service TaxCondonation of delay in filing petition - whether the petition can be dismissed on the ground of delay and latches? - HELD THAT:- The dates and events clearly shows that there is no delay in approaching the learned Writ Court. However, the larger question would be whether the appellant can seek for the relief granted to Mr.P.Manickam by filing a representation in the year 2009 and whether he could have filed a writ petition to consider his representation and whether the order dated 06.03.2014 could have been challenged in a writ petition without approaching the Central Administrative Tribunal. These issues have to be considered in the writ petition and since the writ petition was dismissed only on the ground of delay and laches, the writ petition should be heard afresh and a decision should be arrived at on merits. The writ petition is restored to the file of the learned Single Bench of this Court, with liberty to the respondents to file additional counter-affidavit, if they so desired. Since the writ petition is of the year 2014, the Registry is directed to list the writ petition before the concerned Court, during second week of August 2021 - Appeal allowed.
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