1. The High Court of Karnataka has framed Rules to regulate the proceedings under Articles 226 & 227 of the Constitution of India. They are known as “Writ Proceedings Rules, 1977” (for short, ‘the Rules’). They have come into force with effect from 01.02.1977. Among other things, the said Rules provide for the procedure to be followed once the matter is posted before the bench for preliminary hearing. Rule 13 which is relevant for the purpose provides in subclause (a) that the Court if satisfied shall issue rule nisi calling upon the respondent to show cause why the order sought should not be made. The first proviso to Rule 13(a) provides for issue of notice to show cause why rule nisi shall not be issued. The second proviso to Rule 13(a) provides that the Court may direct the respondent to file objection and documents while issuing notice regarding rule, in which event, as per subclause (b) of Rule 13, issue of rule nisi may be dispensed with and the matter may be heard and disposed of on merits.

2. With regard to the interpretation of Rule 13, there are two conflicting judgments of two Division Benches of this Court. The view taken by a Division Bench in LALBI