High CourtsDivision Bench(2003) 04 AHC CK 0098

Col. Shiv Mohan Kunzroo and Others vs Dy. Secretary, U.P. Shasan and Others

Allahabad High Court · Decided on 28 April 2003 · Citation: (2003) 3 AWC 2545

HON’BLE JUDGES
R.S. Tripathi, J · M. Katju, J
CASE NUMBER
C.P.W.P. No. 18005 of 2003

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Judgment

5 paragraphs · 266 words

M. Katju, J.—As prayed by Sri Bhagwati Prasad, learned counsel for respondent No. 4, 24 hours is granted to file counter-affidavit,

2.

We are informed by learned counsel for the petitioner that a learned single Judge has passed an order in some writ petition that along with every writ petition, copies of the writ petition for every respondent should also be attached to the original writ petition.

3.

We, respectfully disagree with the learned single Judge. It has never been the practice of this Court that for the respondents, copies of the writ petition must be attached to the original writ petition. In fact, if the writ petition is dismissed in limine, then it will not be necessary for the petitioner to give copies of the writ petition to the respondents (except standing counsel). With profound respect to the learned single Judge, we are of the opinion that it will be an unnecessary heavy expense to the petitioner to compel him to supply copies of the writ petition to the respondents for no reason and it may retard justice instead of advancing it. It is only when notices are issued to the respondents, that copies have to be supplied for them. This is also evident from Chapter XXII, Rule 2(1) of the Allahabad High Court Rules.

4.

We, therefore, direct the office not to insist that the petitioners must attach copies of the petition for the respondents along with the writ petition.

5.

Let a copy of this order be given to the officials concerned in the Registry forthwith, particularly to the Stamp Reporter for compliance.