T.N.REDDY (Propreitor) 02 March 2023

limitation period for making a Writ application to HC

Sir, in order to file the writ application to H.C as for as tax matters are concerned, is it as per the limitation period that is prescribed per that respective Act or within 30 days of the receipt of the order, such writ application is to be made to the HC ? kindly help
me out.

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Quick Summary

This discussion clarifies the limitation period for filing a writ application to the High Court concerning tax matters. While specific Acts may have their own timeframes, the general consensus is that there isn't a strict statutory limitation period for filing a writ petition under Article 226 of the Constitution. However, it's strongly advised to file such applications as early as possible after the cause of action arises, as the Limitation Act does not apply to these constitutional petitions.

2 Replies

Advocate Bhartesh goyal (advocate) 02 March 2023

No limitation period is provided for filing writ petition undet Art 226 of Constitution of India however it should be filed earliest.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 02 March 2023

There is no time-frame provided under our Constitution within which a Writ Petition ought to be filed in the High Court from the arising of the cause of action. This becomes all the more important as the Limitation Act is not applicable to Petitions under Articles 32 and 226 of the Constitution