Monoher Singh Bakshi vs. Union of India & Ors.
Background
The petitioner, an advocate, claimed he had provided legal services to the Ministry of Defence at a Battalion Headquarters in Jammu and Kashmir between 1989 and 1993 at an agreed professional fee, and that despite submitting bills and making repeated representations over the years, his dues were never fully paid. He approached the High Court in 2021 seeking payment of the outstanding balance with interest.
Decision Breakdown
The Court noted the claim related to events from 1989-1993, but the petitioner had first approached the court only in 2021, nearly three decades later. Relying on Supreme Court precedent, it held that mere repeated representations to the government do not revive a stale claim or create a fresh cause of action justifying such an enormous delay. The respondents had also stated no amount remained outstanding and that the petitioner failed to produce supporting bills. The Court declined to exercise its writ jurisdiction and dismissed the petition.
Lesson Learnt
There is no fixed limitation period for filing a writ petition, but courts can and do refuse relief where there has been extreme, unexplained delay: simply writing repeated reminder letters over the years does not keep an old claim alive indefinitely.