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Report No. 79

VI. Disposal of writs

16.19. Time limit for disposal of writs.-

The writ is basically an expeditious remedy and the decision of the writ petition should normally be as quick as possible. The Writ Rules of the High Courts should be framed with that object in view. Having regard, however, to the extensive field that is covered by Article 226 and the nature of controversies that come up for decision before the court in these proceedings, we are of the view that the writ petitions should normally be disposed of within a year from the date of their institution, as suggested elsewhere in this Report.1

1. See para. 1.29, supra.

16.20. Co-operation of Government necessary for expeditious disposal of writ petitions.-

It would be seen from the scheme of the Writ Rules recommended by us that for the expeditious functioning of the writ court very prompt and whole-hearted co-operation of the Government and its various Departments is necessary. Without such co-operation, the very purpose underlying Article 226 of the Constitution would be frustrated. We, therefore, suggest that special attention be paid to this aspect at the Governmental level, and necessary instructions be issued to the various departments. It is only then that the problem of arrears and further accumulation of writ matters in courts can be tackled with any measure of success.



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