Shivani Gadhavi
Published On: February 18, 2022 at 18:34 IST
Bombay High Court on February 14, 2022 observed and ruled that a Registry should not register a Writ Petition which is filed for hearing before the Court, if the specific contentions and grounds for which the Petition is seeking relief are not mentioned in the Petition.
The Bombay High Court Division Bench comprising of Chief Justice Dipankar Datta and Justice N B Suryawanshi was hearing the Plea from the Aurangabad Bench of Bombay High Court, during which it was noticed by the Bench that no separate paragraphs were added within which the Court can understand the relief that the Petitioners are seeking in the Writ Petition.
In accordance with Rule 1 of Chapter XVII of the Bombay High Court Appellate Side Rules of 1960, it is necessary for a Petitioner to mention the specific grounds upon which he/she is claiming relief, in the Writ Petition.
The Bombay High Court Division Bench pointed out that, “We have found, on perusal of the Writ Petition, that there is no separate paragraph containing the grounds based whereon relief has been claimed in the Writ Petition. This is in the teeth of Rule 1 of Chapter XVII of the Bombay High Court Appellate Side Rules, 1960.”
In light of the above-mentioned facts, the Division Bench stated that, “The Registry shall ensure that, in future, no Writ Petition is registered unless specific grounds are set out there in 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 Counsel for the Petitioner, Advocate Sonawane, in regards with the Order of the High Court Bench, sought withdrawal of the current Petition and also sought liberty, whereby the Counsel on behalf of the Petitioner can file a fresh Writ Petition, the same was granted by the High Court and the current Petition was dismissed by the Bench.