1. Writ petition raising an important issue — notice issued to respondents to show cause. (Para 1 )
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2000 Supreme(SC) 2129
SUPREME COURT OF INDIA
A.S. Anand, CJI., R.C. LAHOTI, K.G. BALAKRISHNAN, JJ.
Common Cause (A Regd. Society) – Petitioner
Versus
Union of India and Another – Respondents
W.P. (C) No. 537 of 1999
Decided On : 13-07-2000
The court issued a notice to the respondents to show cause against the grant of a writ petition, based on the significance and importance of the legal issues raised in the petition.
Headnote:(A) Writ Jurisdiction - Issuance of notice - Importance of issue - Court deemed it appropriate to issue notice to the respondents to show cause against grant of the writ petition. (Para 1)
Facts of the case:
A writ petition was filed raising an issue of significant importance, leading the court to consider the necessity of notifying the respondents.
Findings of Court:
The court found the importance of the issue raised in the petition sufficient to warrant the issuance of a notice to the respondents for showing cause.
Issues: Whether the importance of the issue raised in the writ petition justified the issuance of notice to the respondents.
Ratio Decidendi: Where a petition raises an issue of significant importance, the court may issue notice to the respondents to show cause against the grant of the writ petition provided the respondents are given an opportunity to file counter affidavits. (Paras 1 and 2)
Result: Notice issued to respondents.
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JUDGMENT :
1. After hearing learned counsel for the parties and keeping in view the importance of the issue raised in the petition, it appears appropriate to us to issue notice to the respondents to show cause against grant of the writ petition.
2. Mrs. Anil Katiyar, advocate appears with the learned Solicitor General and accepts notice on behalf of Union of India as well as the Railway Board. Counter affidavits shall be filed expeditiously.
