No specific time limit has been specified for filing a writ petition in a high court under Article 226 of the Constitution. This is an extraordinary and discretionary remedy. The normal time limit for most types of cases is generally 3 months or 90 days. However, while there is no specific limitation period for filing a writ petition in high court, it is expected that it would be filed without any unnecessary delay. In any case, the delay should be explained by citing justifiable reasons. In your case, the impugned order is about 5 months old. Generally speaking, this much delay of 5 months will not be considered fatal for a writ petition and the high court may entertain the petition if it has merit. So, you can go ahead with filing of your writ petition in Delhi high court.
In the case of Rajmata Vijai Raje Scindia v. State of U.P., AIR 1986 SC 756, it was held by the Supreme Court as under:
“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.”
Thus, it was held by the Supreme Court that there is no limitation prescribed for filing a writ petition but ordinarily it is expected to be filed without any laches (i.e., delay).
Therefore, while there is no limitation period prescribed, if the delay in filing is quite long then the writ petition may be dismissed on the grounds of delay alone. For example, in the case Cheripalli Madar v. Asstt. Division Engineers, (2005) 11 SCC 546, the order of the high court refusing to entertain a writ petition filed after a delay of 3 years was held to be proper. Likewise, in the case of SDO, Grid Corpn. of Orissa Ltd. v. Timudu Oram, (2005) 6 SCC 156, where there was ten years’ delay in bringing writ petition after dismissal of a civil suit and no reasons were given for such inordinate delay, it was held that the writ petition was not maintainable.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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