Writ petition limitation
sandeep rane
(Querist) 25 January 2015
This query is : Resolved
Respected Members,
Please guide
What is the time limit to file writ petition against the order of State information commission ?
After period of limitation is over, Is there any chance of condone delay on sufficient cause ?
Please reply
Thank you.
Shailesh Kumar Shah
(Expert) 25 January 2015
there is no time limit in the rti act.
writ petition should be file in reasonable time.
ajay sethi
(Expert) 26 January 2015
file within reasonable time period
Devajyoti Barman
(Expert) 27 January 2015
yes, no time limit is there but it should be after unreasonable delay.
T. Kalaiselvan, Advocate
(Expert) 28 January 2015
though there is no time limit, the unreasonable delay may be justified in the application.
Biswanath Roy
(Expert) 28 January 2015
In this context I state the views of Supreme Court in the case of P.S. Sadasivaswamy vs. State of Tamil Nadu AIR, 1974 SC 2271 in the following words.
" It is not that there is any period of limitation for the courts to exercise their powers under Article 226 nor is it that there can never be a case where the courts cannot interfere in a matter after the passage of a certain length of time. But it would be a sound and wise exercise of discretion for the courts to refuse to exercise their extraordinary powers under Article 226 in the case of persons who do not approach it expedetiously for relief and who stand by and allow things to happen and then approach the court to put forward state claims and try to unsettle settled matters."
sandeep rane
(Querist) 05 February 2015
Thank you very much to all the experts.
