Law:

Section:

Articles 226 and 227 of the constitution of India-Writ-Whether there is any time limit for filing writ petition under articles 226 and 227-Held, no Facts The High Court dismissed the writ petition filed by the petitioner on the ground that it was beyond time by 136 days and that the petitioner had not shown sufficient cause for the delay beyond 90 days as contemplated under section 5 of the Limitation Act. On appeal: Held So far as a writ petition under article 226 of the Constitution is concerned, there can be no hard and fast rule of 90 days by way of period of limitation but the general rule of laches alone can be applied, depending on the facts and circumstances of the case. There is no period of limitation prescribed by any law for filing such a writ petition and it is in fact doubtful whether any such period of limitation can be prescribed by law. At any rate, no such time limit can be laid down either under the rules made by the High Court or by practice. The order of the High Court was, accordingly, set aside, and the writ petition restored to the High Court for disposal on merits. Judgment 1. We are of the view that so far as a writ petition under article 226 of the Constitution is concerned, there can be no hard and fast rule of 90 days by way of period of limitation but the general rule of laches alone can be applied and this must necessarily depend on the facts and circumstances of each case. The High Court has said in its order that "the writ petition was beyond time by 136 days. Neither the explanation of 136 days nor the explanation for filing it today, was given". This view does not appear to be correct because the High Court has proceeded on the assumption that there is a period of…

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