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Koyel Das   29 November 2025

Writ petition related

Respected Sir,

I am Prasanta Pal, a person who is financially struggling and unable to pay for a lawyer's fees. For this reason, I submitted a writ petition in person at the Circuit Bench of the Kolkata High Court regarding the enhancement of my monthly remuneration as per a Government order. During the hearing, the honorable court directed the respondent authority to file an affidavit within 8 weeks, and I was to submit a reply affidavit within 7 days thereafter. However, the respondent authority has not filed the affidavit as directed by the court, and 35 days have passed. In this situation,

A. What can I do? Should I bring this matter to the attention of the honorable judge or request that my case be listed for a hearing?

B. In my reply affidavit, can I include references to judgments from another high court and the Supreme Court as supporting evidence, or attach annexes of other government orders relevant to my case and in response to the opposing affidavit?



 5 Replies

T. Kalaiselvan, Advocate (Advocate)     29 November 2025

They are required to file an affidavit in 8 weeks only.

It is only 35 days now, you have to wait for them to file the affidavit by due date before planning to approach court once again on the same issue.

Koyel Das   29 November 2025

Mistakenly wrote 4 weeks instead of 8 weeks 

Dr. J C Vashista (Advocate )     30 November 2025

You will have to wait and watch till respondents do not file counter affidavit.

T. Kalaiselvan, Advocate (Advocate)     30 November 2025

You will get an opinion as per your contents and not for incorrect details.

You have to wait for the matter to be listed, before that you cannot do anything except submit an application to the registrar through your lawyer for bringing the matter to the earliest list.

P. Venu (Advocate)     02 December 2025

You need not file any reply affidavit unless and until the respondents file their reply.

If their reply is unduly delayed, you may file a petition for taking the WP for hearing. You may file an argument note incorporating the legal aspects aas well the supporting citations at the time of hearing.


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