The Bombay High Court recently directed its registry to ensure that no writ petition filed before the Court is registered unless the plea sets out specific grounds on the basis of which reliefs are claimed [Ambhika Magasvargiya Mastyavaivasaik Sahakari Sanstha Maryadit v. State of Maharashtra & Ors.]
The direction was passed by a Bench led by Chief Justice Dipankar Datta, who is presently sitting at the Aurangabad Bench of the High Court.
The Court was dealing with a petition in which where there was no separate paragraph containing grounds as required under the Bombay High Court Appellate Side Rules of 1960.
The Bench directed the registry to ensure that in future, it checks whether a petition clearly specifies the grounds for seeking the relief.
“The Registry shall ensure that, in future, no Writ Petition is registered unless specific grounds are set out therein upon which the writ petition is moved for grant of relief, as claimed by the petitioner. Any lapse in this regard will be viewed strictly,” the order stated.
Rule 1 of Chapter XVII of the Rules states that every application for the issue of a direction, order or writ under Article 226 of the Constitution shall:
- be heard and disposed of by a Division Bench to be appointed by the Chief Justice;
- set out the relief sought and the grounds on which it is sought;
- be solemnly affirmed or supported by an affidavit;
- state whether he has made any other application to the Supreme Court or the High Court in respect of the same matter and how that application has been disposed of
After the Bench said that the plea before them was in teeth of the Appellate Side Rules, advocate MR Sonawane for the petitioner sought permission to withdraw the plea and file a fresh petition with same cause of action, which was granted by the Bench.