MONGEY Vs. BOARD OF REVENUE

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution praying that a writ of certiorari or any other suitable writ, direction or order be issued quashing, the judgment of the Hon'ble Board of Revenue.

(2.) The judgment, which is sought to be quashed, is dated 27-2-1954. The applicant comes to this Court two years after the judgment was delivered. The writ petitions under Article 226 of the Constitution should be filed as quickly, after the delivery of judgment of the inferior tribunal, as possible. In Ferris on Extraordinary Legal Remedies it is stated in para 176 :

(3.) We consider that this is a correct statement of the law and in our opinion a period of 90 days, which is the period fixed for appeals to this Court from the judgments of courts below, should be taken as the period for application for the issue of a writ of certiorari, and that time can be extended only when circumstances of a special nature, which are, sufficient in the opinion of the Court, are shown to exist. There is no explanation why the petitioner in the present case could not present this application within 90 days. We therefore dismiss this petition on the ground of delay.