HARI SINGH GOUR Vs. PANKAJ KHARE

JUDGEMENT

(1.) A writ petition, being M.P. No. 3607/86 was decided by us on 21-3-87. The present application purporting to be under Art.133(1) of the Constitution, was filed on 22-6-87, i.e. after about three months with the prayer that certificate of fitness for appeal to the Supreme Court of India may be granted.

(2.) Article 134-A inserted in the Constitution by the Constitution (44th Amendment) Act 1978 contemplates grant of a certificate of the nature referred to, inter alia, in Cl.(1) of Art.133 of the Constitution, provided oral application is made by or on behalf of the party aggrieved immediately after the passing or making of the judgement, decree or final order referred to therein. A corresponding amendment was made in Art.133(1) of the Constitution also and the relevant portion of the said Art. after this amendment reads :

(3.) In the instant case, as seen above, no oral application as contemplated by the said Art.134-A, was made immediately after the passing of the order in the writ petition on 21-3-1987. In our opinion, this written application made after about three months of the passing of the said order, is not maintainable.