Time required by High Court to give exparte decision

776 votes

MY OPINION THAT there is no static any provision that there is any specific time required for disposal, if the respondent has not challenge within last five years, you should take immediate step /steps to dispose off the case at the competent forum /forums.

Advocate Ranabir Banerjee LawRato

888 votes

The question of challenging a writ petition doesn't arise at all.The responding authority (s) is to appear personally/through duly authorised learned Advocate before the hon'ble High Court on the date as per the cause list & duly served 48 hrs prior notice by applicant and submit his/their oral/written reply (affidavit in opposition) strictly in accordance with the direction (s) of the Hon'ble High Court.The writ Court upon examining contentions of both sides disposes the
Matter.Normally ex-parte order(s) is not issued but if the respondent authority fails and neglects to carry out direction (s) of the Hon'ble High Court , order in favour of the applicant is issued.Writ against the public authority covered U/A 12 can be filed. The Constitutional​ right to seek justice against such authority is provided U/A 32 through writ petition for immediate/expeditious direction which are in nature of mandamus, certiorary, prohibition, status quo
warranto and habeas-corpus . From our professional experience ,it is never seen a writ petition is kept pending for years together before the Hon'ble High Court.

Advocate Goutam Majumder LawRato