The High Court dismissed a writ petition for non-prosecution. The office could not issue dasti notices to a respondent due to failure to deposit the process fee by the petitioner. Liberty was granted to file a fresh petition on the same cause of action.
Liberty to file a fresh petition on the same cause of action if desired.
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C.W.P NO. 12527 OF 2006
1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Date of decision : December 04, 2006
Surjit Singh Kataria ............Petitioner
Vs.
The Commissioner, Gurgaon Divn. Gurgaon & others ...........Respondents
CORAM: HON'BLE MR. JUSTICE VINEY MITTAL HON'BLE MR. JUSTICE H.S BHALLA
Present: Mr. Sham Lal Bhalla, Advocate for Mr. Sachin Mittal, Advocate for the petitioner(s).
Mr. Ajay Gulati, Assistant Advocate General, Haryana for respondents no. 1 & 2.
Viney Mittal, J. (Oral)
The office has reported that dasti notices could not be issued to respondent no.3 since no process fee had been deposited by the petitioner. The record of the case shows that on an earlier occasion also i.e August 10, 2006, notice had been issued to respondent no.3 dasti only and the case was adjourned to October 12, 2006. On October 12, 2006, the office has reported that dasti notice issued to respondent no.3 could not be issued for want of process fee.
In these circumstances, fresh notice was issued to respondent no.3 for today and it was again ordered that the said notice be issued dasti only. Since the office has again reported that dasti notices could not be issued for want of process fee, therefore, we dismiss the writ petition for non-prosecution with a liberty to the petitioner to file a fresh petition on the
C.W.P NO. 12527 OF 2006
2
same cause of action, if so desired.
( VINEY MITTAL ) JUDGE
December 04, 2006 ritu
( H.S BHALLA ) JUDGE
1 issue framed by the court
Whether the writ petition should be dismissed for non-prosecution due to inability of the office to issue dasti notices for want of process fee?
Surjit Singh Kataria
The Commissioner, Gurgaon Divn.
others
Viney Mittal
H.S Bhalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
