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Rahul Dev Narne   23 February 2024

Notices on standing counsel writ petition

A civil writ petition under article 226 was submitted in the filing section and it is in "pending for scrutiny" stage. Does the petitioner have to serve notice on the standing counsel of the state or the respondent for it to be numbered and listed for admission. When does the petitioner serve notice on the standing counsel of the state before scrutiny or after scrutiny? Please clarify.





 7 Replies

T. Kalaiselvan, Advocate (Advocate)     24 February 2024

Serving of notice to the respondents is a mandatory requirement and you should file the process along with the writ petition for this purpose..

Once the writ petition is taken on the files then the court will send the notice to the respondent as per procedures of law

1 Like

Dr. J C Vashista (Advocate )     24 February 2024

It is compulsory to serve government standing counsel before it is approved for putting up before the Court.

1 Like

Rahul Dev Narne   24 February 2024

Thanks for all the information. I think I forgot to file the service of notice on the standing counsel along with the writ petition. If anybody can throw some light on how to file the service of notices on standing counsel to the court so that it can get numbered and posted for admission 

T. Kalaiselvan, Advocate (Advocate)     24 February 2024

For numbering and taking the case on the files of court  the service of notice to the standing counsel is not an essential  criteria.

You have been misguided  hence you may better clarify the same from your advocate and handle the things without any excitment

1 Like

Rahul Dev Narne   24 February 2024

Sir,  I am seeing this information in the standing orders of High court.


"Writ Petitions shall not be numbered and posted for admission when 
notices are not served upon the learned counsel for the State or the Standing 
Counsel of the Central Government, as the Case may be, as required by Rule 7 
of the Writ Proceedings Rules framed by the High Court. (Vide the Circular in 
Roc. No.10/2001, dated 31-3-2001)






T. Kalaiselvan, Advocate (Advocate)     25 February 2024

If you are aware of this rule what you have mentioned here then there is nothing wrong in serving notice to those standing counsels also.

You can ask the registry to return the file for representation after serving the notice to them, and you may do it accordingly 

1 Like

Dr. J C Vashista (Advocate )     25 February 2024

The Registry shall put an objection on the writ petition and return for removal of objection qua service of concerned Standing Counsel.

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