Union Of India & Anr vs M.M. Sarkar on 8 December, 2009
However, Mr. Marne sought to distinguish the decision
7
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in M. K. Sarkar (supra) by contending that the earlier larger
Bench decision of the Supreme Court in Sualal Yadav vs. The
State of Rajasthan & Ors., reported in (1976) 4 SCC 853,
had not been noticed, wherein it was held that the appellant
having invoked the writ jurisdiction of the relevant High Court
challenging the order of the Governor dismissing a review
application on merits, it was not open to the High Court to
resurrect the ground of delay in applying for review at a remote
stage and make it a ground for dismissing the writ petition.