Wp's- certain doubt

T.N.REDDY (Querist) 04 January 2025 This query is : Resolved
Dear Sir,
In one of the WP (Writ of Mandamus) in the High court (Writ Jurisdiction),I have challenged the validity of the Notification- as first ground and the virus in the section of the Act, as second ground. However, on the first ground, there are similar WP’s where in all of them got batched up, nearly 250 + WP’s and heard the matter, and we lost the case. Now, through the common order all the WP’s gets disposed off. Now, the question is as I have made another ground ie. second ground which is challenging the validity of the section, how do I procced regarding that ? Do I have to make again fresh WP on that ground or through IA can it be admitted again ? Clarification please sir.

Follow Query

Report Abuse

Quick Summary

A petitioner lost a High Court writ petition where the first ground of challenge was dismissed along with similar cases. They now wish to pursue a second ground challenging the validity of a section of an Act. The user is unsure whether to file a fresh writ petition or use an interlocutory application (IA) to pursue the second ground. The advice suggests consulting with their advocate to decide between reopening the dismissed case, filing an appeal, or filing a new writ petition for the second relief, especially if the new ground is pertinent and could alter the original order.

T. Kalaiselvan, Advocate (Expert) 04 January 2025
If a case is dismissed, the court closes the matter without taking a decision. On the other hand, disposed of the case means that the matter or the case has been decided by the court based on merits or a judgment or order passed. A case may be reopened if there is newly discovered evidence that would probably have altered the judgment. It would most likely have to be proved that the new evidence could not have been discovered sooner using due diligence. A case may be reopened if it is dismissed without prejudice for a procedural matter such as failing to provide discovery, failing to file appropriate pleadings or even failing to appear for trial, A motion to reopen or restore the case to the active calendar may be made.
You may discuss with your advocate and take a decision either to reopen your case alone or prefer an appeal for your case alone or to file fresh WP against the second relief.

P. Venu (Expert) 05 January 2025
What is the Notification challenged? What were the grounds? Which case? Which High Court? It is not necessary that that the Court answers every ground that has been raised.

Isaac Gabriel (Expert) 05 January 2025
If you feel that the grounds you raised is pertinent and result in altering the orders, you can filed fresh WP citing the relevancy in the case.

T. Kalaiselvan, Advocate (Expert) 05 January 2025
What is your advocate's opinion in this context, you have not whispered anything about it in your lengthy post.
If you have been advised to file a fresh writ petition for the second relief you can proceed as suggested

N.K.Assumi (Expert) 06 January 2025
What is your grievances, and how you are connected with that notification has not been stated. The query lack essential elements.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries