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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vijay Bishnoi, Rekha Borana, JJ.
M/s Utkarsh Classes – Appellant
Versus
State Of Rajasthan & Ors.. – Respondent
Civil Writ Petition No. 4378/2022
Decided On : 07-04-2022
Notice - Writ Petition - Service of Notice
Fact of the Case:
The court issued a notice of the writ petition, returnable within four weeks, and allowed for 'dasti' service to the petitioner's counsel.
Finding of the Court:
The court ordered the issuance of notice and allowed for 'dasti' service to the petitioner's counsel.
Issues: Service of notice for the writ petition.
Ratio Decidendi: The court found it appropriate to issue notice and allowed for 'dasti' service to ensure timely communication with the petitioner.
Final Decision: The court ordered the notice of the writ petition to be issued and allowed for 'dasti' service to the petitioner's counsel.
ORDER
1. Issue notice of writ petition, returnable within a period of four weeks and be given 'dasti1 to learned counsel for the petitioner for service.
The court has the discretion to allow 'dasti' service for timely communication with the petitioner.
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 allowed the restoration of the writ petition based on justifying reasons in the miscellaneous jurisdiction case.
Court emphasizes procedural fairness and the importance of timely notice to all parties in interim relief applications.
Procedural requirements for issuing notice and filing of additional papers in a legal matter.
Writ of Mandamus directed for consideration of petitioner's request for a house site patta within stipulated time.
The court's authority to issue notice and set timelines for filing and listing of cases.
Court recognizes the necessity for fair hearing by issuing notice to respondents in a writ petition.
The court affirms the petitioner's right to receive the appealed order under Article 226, ordering compliance within four weeks.
Failure to complete service of notice on respondents as directed by the court warrants the dismissal of a writ petition for default.
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