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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Manindra Mohan Shrivastava, Sameer Jain, JJ.
Suo Motu – Appellant
Versus
State Of Rajasthan – Respondent
D.B. Civil Writ Petition No. 6899 of 2019
Decided On : 25-05-2022
Service of Process - Appearance of Counsel - Summary
Fact of the Case:
The office report indicated that respondent No.4 had not been served, but counsel Mr. Siddharth Ranka appeared on behalf of respondent No.4.
Finding of the Court:
The court ordered the supply of the petition to counsel Mr. Siddharth Ranka within a week and directed the filing of a reply within four weeks, with the next listing scheduled after four weeks.
Issues:
Ratio Decidendi:
Final Decision: The court's decision was to ensure the supply of the petition to the appearing counsel and to set deadlines for the filing of a reply and the next listing.
ORDER
1. Though office report shows that respondent No.4 has not been served, learned counsel Mr. Siddharth Ranka entered appearance on behalf of respondent No.4.
Copy of petition be supplied to him within a week.
2. Reply be filed within four weeks.
3. List after four weeks.
Appearance of counsel can be considered even if the respondent has not been formally served.
The court affirms the petitioner's right to receive the appealed order under Article 226, ordering compliance within four weeks.
In the interest of justice, the court may adjourn a matter and allow the parties to exchange their pleadings before the next hearing.
The court's decision emphasized the importance of providing an opportunity for the respondents to respond within a reasonable time, in line with principles of natural justice.
The court has the discretion to grant an extension of time for filing a reply and to continue an interim order until the next hearing.
Court directs authorities to consider representation and pass orders within 12 weeks under writ jurisdiction.
The court emphasized the obligation of parties to comply with court orders and the consequences of non-compliance, including personal appearance requirements.
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