writ procceding stages
Querist :
Anonymous
(Querist) 19 July 2010
This query is : Resolved
Respected experts,
What are the stages of a simple writ proceeding, against an illegal order of an executive? How much time generally it takes?
Plz. answer.
Thanks and regds.
S. Bharath
(Expert) 19 July 2010
It is a little difficult to chalk down; depending on the nature of the order challenged, the relief asked for, the matters that you disclose in the affidavit etc, and above all, the method of the judge, the Writ may be finally disposed of during admission itself or at an adjourned admission stage. Otherwise, the regular procedure is: Admission, Service of notice on parties, filing of counter-affidavit, arguments and final disposal.
The time frame varies between high court to high court.
prakash vathore
(Expert) 19 July 2010
normaly it has only two stages one is admission and second is final hearing.
Querist :
Anonymous
(Querist) 19 July 2010
Sir, Thanks a lot for the prompt and accurate reply. How the order of writ get executed, by the petitioner or by the state?
B K Raghavendra Rao
(Expert) 19 July 2010
You need to issue notice to the Respondent who has suffered the order enclosing a copy of the order on writ petition. If not complied then file contempt of court petition.
Devajyoti Barman
(Expert) 19 July 2010
For the first timer , one should take help of a seasoned one. It first gets admitted after the court is satisfied that the notice is sent to all the public and private respondent. Thereafter the court gives opportunity to all the respondents to file affidavit in opposition and then the final hearing will be held.
