Rakesh Kumar Shukla 01 December 2016

Delayed petition for writ of certiorari

Writ under Article 226 filed delayed was initially entertained after hearing all the parties and stay was granted. Whether after pleading s are completed, question of delay would again be considered, if it raised by respondents.

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6 Replies

Samarpan (M)99958670740 (Free legal advice and legal aid cell) 01 December 2016

Yes. It would be definitely raised by the respondents. Be prepared with convincing reasons for delay. Let me add, the judge would tilt towards petitioner because a notice has been already issued and in completion of pleadings, it might have taken two to three years more. Further, if there is no alternative remedy, then it would be injustice to the petitioner to throw the petition at threshhold on the ground of delay without considering the issues threadbare.

P. Venu (Advocate) 02 December 2016

Limitation is not strictly applicable in a writ of certiorai, esp. if the grievance is of continuing nature. The Court can decide the matter on merits if there are no serious laches.

Rakesh Kumar Shukla 02 December 2016

Delay is of only one year. In the meantime, petitioner had been collecting documents from public offices, viz. Reports of Revenue authority.

Rakesh Kumar Shukla 02 December 2016

Delay is of only one year. In the meantime, petitioner had been collecting documents from public offices, viz. Reports of Revenue authority.

Samarpan (M)99958670740 (Free legal advice and legal aid cell) 03 December 2016

That is a good ground to condone the delay/laches.

jyotirmaya behera (advocate) 07 December 2016

Now days court are very strict on ground of delay. But the limitation is very from matter to matter. Court can condon the delay for short period if there is sufficient reasons.

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

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