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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.S. Shinde, Anoop Kumar Dhand, JJ.
Kunal Rawat – Appellant
Versus
State Of Rajasthan – Respondent
D.B. Civil Writ Petition No. 4588/2022
Decided On : 13-07-2022
Application - Civil Writ Petition - The court allowed the application, issued notice to the respondents, permitted 'dasti' service, and granted liberty to the Counsel for the petitioner to serve Standing Counsel for the respective respondents. The matter is listed for further hearing on 27.07.2022.
Fact of the Case:
The court allowed the application and disposed of it. Notice was issued to the respondents, and 'dasti' service was permitted. Liberty was given to the Counsel for the petitioner to serve Standing Counsel for the respective respondents. The matter is listed for further hearing on 27.07.2022.
Finding of the Court:
The court allowed the application, issued notice to the respondents, permitted 'dasti' service, and granted liberty to the Counsel for the petitioner to serve Standing Counsel for the respective respondents. The matter is listed for further hearing on 27.07.2022.
Issues:
Ratio Decidendi:
Final Decision: The application was allowed, notice was issued to the respondents, 'dasti' service was permitted, and liberty was given to the Counsel for the petitioner to serve Standing Counsel for the respective respondents. The matter is listed for further hearing on 27.07.2022.
ORDER
D.B. Civil Misc. Application No.1/2022:-
The application is allowed and stands disposed of.
D.B. Civil Writ Petition No. 4588/2022:-
Issue notice to the respondents, returnable on 27.07.2022.
In addition, 'dasti' service is permitted.
Liberty is given to the Counsel appearing for the petitioner to serve Standing Counsel for the respective respondents.
List on 27.07.2022.
Procedural orders and permissions in civil writ petitions.
The court's decision emphasized the importance of ensuring proper service and granting liberty to the petitioner for serving the petition upon the Standing Counsels.
The court emphasized the need to stay the High Court's judgment pending the appeal's consideration to ensure justice is served.
Granting permission to file a Special Leave Petition and allowing impleadment and Dasti service.
Court emphasizes procedural fairness and the importance of timely notice to all parties in interim relief applications.
The court has the discretion to grant permission to file a Special Leave Petition and to issue a stay on the order under challenge.
The court has the discretion to allow 'dasti' service for timely communication with the petitioner.
Perusal of proceedings reveals that time and again adjournments have been sought by the Petitioner and this reflects non-serious approach and attitude towards the lis which is tantamount to non-prose....
The court has the discretion to grant exemptions and stays based on the parties' applications and acceptance of waiver of formal notice.
Alternative remedy is not an absolute bar on maintainability of a writ petition under Article 226 of Constitution of India, where DRT has exceeded in exercising its jurisdiction.
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