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2005 Supreme(Pat) 790

BARIN GHOSH
Nirmala Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Annexure-1 to the writ petition is the requisition. It appears to be the case of the Executive Officer that the Executive Officer received a copy of Annexure-1 and forwarded the same to the petitioner but the petitioner refused to accept the same. The Executive Officer has stated that in view of such refusal, the copy of Annexure-1, as was received by him was kept by him in the file. It is also the contention of the Executive Officer, which may not be a correct, that while a copy of Annexure-1 was served upon the Executive Officer, a copy thereof or the original of the same was served upon the petitioner. The requi-sitionists have also not clearly stated nor have produced any evidence to show that Annexure-1 to the writ petition was served by them upon the petitioner. A doubt, therefore, has been cast as to the service of Annexure-1 to the petitioner. In order to remove the doubt, it was the duty of the petition to state in the body of the petitioner or in the rejoinder as to how he received Annexure-1. At the time of argument, learned counsel for the petitioner submitted that after Annexure-1 was kept in the file, his client may have prepared a copy thereof. This stand



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