Registry Not To Insist Process Fee For Issuance Of Notice When State Govt. Is Arrayed As Respondent: Karnataka High Court

The Karnataka High Court has issued a circular declaring that payment of process fee is not required for issuance of Notice to State Government, in view of the fact that advance notice on State is already served as a matter of rule. The circular directs Officers and Officials working on the judicial side at Principal Bench, Bengaluru and in Benches at Dharwad and Kalaburagi, not to insist process fee for issuance of notice to respondent – State Government, whenever the State Government is arrayed as respondent, particularly when the copy of writ petition has already been served on the State Government and also when the name of the State Government is printed in the cause list. The circular issued by K.S.Bharath Kumar Registrar (Judicial) relies on the order passed by the High Court on September 2, in WP No.10338/2021. The court while hearing the petition had observed that "Since the first respondent is on advance notice the question of issuing fresh notice to respondent No.1 (state government) does not arise. Even in the cause list also the name of learned AGA is printed, for this reason also there is no necessity to take steps for issuance of fresh notice to respondent No.1." Further it said "It is noticed that wherever the State Government is made a party and notice is ordered, the registry is insisting for payment of process free by the learned counsel appearing for petitioners. When Rule 4 of Writ Proceedings Rules, 1977 mandates issuance of advance copy and registry would not number the matters until and unless the copy is served on the office of the Advocate General, the question of once again paying process fee for issuance of fresh notice to the State would not arise." Following which the court had said, "The Registrar (Judicial) to place the file before the Hon'ble Chief Justice and on obtaining orders from Chief Justice shall issue Circular of there being no necessity for paying fresh process particularly when copy of the writ petition has already been served on the State Government and also when name of the State Government is printed in the cause list. Click Here To Read/ Download Circular

Registry Not To Insist Process Fee For Issuance Of Notice When State Govt. Is Arrayed As Respondent: Karnataka High Court

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