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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Manindra Mohan Shrivastava, Sameer Jain, JJ.
Abhay Singla – Appellant
Versus
The Union Of India – Respondent
Civil Writ Petition No. 2825/2022
Decided On : 11-03-2022
Notice - Respondents - The court issued notice to the respondents, returnable within four weeks, and directed the filing of PF within one week. The case was listed after six weeks.
Fact of the Case:
The court issued notice to the respondents, returnable within four weeks, and directed the filing of PF within one week. The case was listed after six weeks.
Finding of the Court:
The court found it necessary to issue notice to the respondents and set a timeline for the filing of PF, scheduling the case for listing after six weeks.
Issues: Notice to respondents, filing of PF, and case listing timeline.
Ratio Decidendi: The court's decision was influenced by the need to ensure proper notice to the respondents and to establish a clear timeline for the filing of PF and listing of the case.
Final Decision: The court ordered notice to the respondents, directed the filing of PF within one week, and scheduled the case for listing after six weeks.
ORDER
1. Issue notice to the respondents, returnable within four weeks.
2. PF be filed within one week.
3. List after six weeks.
The court's authority to issue notice and set timelines for filing and listing of cases.
The court has the discretion to allow 'dasti' service for timely communication with the petitioner.
Courts can order interim protection to ensure the safety and security of petitioners pending the filing of a reply by the respondents.
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.
Procedural requirements for issuing notice and filing of additional papers in a legal matter.
Appearance of counsel can be considered even if the respondent has not been formally served.
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 emphasizes procedural fairness and the importance of timely notice to all parties in interim relief applications.
Court recognizes the necessity for fair hearing by issuing notice to respondents in a writ petition.
The court acknowledged the discrepancies in the examination questions and answers, warranting further proceedings.
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