ELURU VENKATA SUBBA RAO Vs. DISTRICT TRANSPORTATION SUPERINTENDENT TRAFFIC VIJAYAWADA SOUTHERN RAILWAY

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India to quash the order dated 17-5-1950 of the District Transportation Superintendent (Traffic), Bezwada. The application was filed on 22-11-1954 i.e. more than four years after the date of the order sought to be quashed.

(2.) It is a well settled rule of practice that an application by way of writ of certiorari or other writ should be filed within a reasonable time from the date of the order which the applicant seeks to be quashed. In appropriate cases, the High Court certainly has power to excuse the delay.

(3.) A Division Bench of the Madras High Court in Nathamooni Chetti v. Viswanatha Sastry, 1950-2 Mad L J 448 , pointed out the procedure obtaining in that Court in the following terms :