Writt petition
satish
(Querist) 31 May 2012
This query is : Resolved
Situation:
If plaintiff asked for Stay order from HC on a writt petition for work of a Govt Office. And the HC has neither grant, nor refused the stay application after 5 hearings.
Problem:
The concerned Govt office is not processing work...merely verbally stating that the matter is in court.
Solution:???
In this situation, can beneficiary (also a defendant in writt) file another writt in same HC to force the Govt office for the work?
R.K Nanda
(Expert) 31 May 2012
Hypothetical query only.
satish
(Querist) 01 June 2012
@ Mr. Nanda.......
Sir, Its a real situation and I am facing it. The Govt. office is denying my work just stating that the matter is in court and however, there is no any stay order granted by the HC in last 5 hearings.
Now, I am looking for option to force the concerned Govt office for my work.
So, Kindly suggest.........
Suhail A.Siddiqui
(Expert) 01 June 2012
Fresh writ on the same cause of action is not maintainable, both writ may merge together and your problem will not solve,In my opinion you may file application narrating your problem. Court will direct to Govt. department to do so. If any one field Stay application which is not disposed off,It means right of stay still intact.
satish
(Querist) 01 June 2012
Thanks........ Mr. Suhail
Shonee Kapoor
(Expert) 02 June 2012
File an interim application for necessary directions to the Govt Agency.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
satish
(Querist) 02 June 2012
Sir,
As its summer vacation in HC, Chandigarh. So, Is it possible to file application in between summer vacation?
ajay sethi
(Expert) 02 June 2012
if you are bale to show any urgency then court will entertain application . other wise move after the vacation
