Supreme Court of India
Smt. Rajmata Vijai Raje Sindia And Anr. vs State Of Uttar Pradesh And Ors. on 26 October, 1984
Equivalent citations: AIR1986SC756, 1978LABLC1641, AIR 1986 SUPREME COURT 756, 1986 ALL. L. J. 526 1985 ALL CJ 239, 1985 ALL CJ 239
ORDER
1. Leave granted.
2. It was not disputed before us that there is no limitation prescribed for the purpose of filing a writ petition against any executive action that might be impugned. Ordinarily the writ petitions are expected, to be filed without any laches. In this case since the petition was filed not within 90 days, which was erroneously regarded as a prescribed period of limitation the petition has been dismissed on the technical ground being barred by limitation. We may observe that the petition was filed within a period of 4 months. The impugned order is, therefore, set aside and the Writ Petition No. 8827 of 1978 filed by Smt. Vijai Raje Sindia and Anr. is remanded back to the High Court for disposal on merits in accordance with law.
3. The appeal is disposed of accordingly with no order as to costs.