Admission of Writ Petition
Querist :
Anonymous
(Querist) 01 November 2010
This query is : Resolved
A dispute regarding wages was adjudicated upon by a govt official having quasi legal powers.
The company had filed a writ petition against the final order of the govt official on grounds that are prima facie specious.
At the first hearing both the Respondents were not represented by lawyers (which was adversely commented upon by the Judge) & the matter was not argued.The writ petition was, however, admitted & a stay given.
What are the Court Rules & precedents about admission of writs? Was the Judge justified in giving a stay?What, if any, action can be taken now?
I have not filed a counter although 2 mmonths have passed. Can I file one now?
R.Ramachandran
(Expert) 01 November 2010
Writ is the discretionary jurisdiction. If the Judge has admitted the writ and granted stay it only means that the Court is convinced of the contents in the writ and also there is justification for grant of stay. It is a judicial process. Instead of filing your counter you are ending up questioning the action of the court.
s.subramanian
(Expert) 01 November 2010
When the judge is satisfied about the existence of a prima facie case,he grants admission and interim stay. The court has the discretion to do so. If you are aggreived, you can move an application to vacate stay .
B K Raghavendra Rao
(Expert) 01 November 2010
Counter can be filed any time during the hearing of writ petition. Once the Writ Petition is filed, the High Court would go by the contents of the Writ Petition and merits of the case.
In trial courts, the procedure calls for the presence of both the parties, arguments etc., before granting stay. It is not so in the case of High Court. You may file counter now.
