HC Writ 1977
HC Writ 1977
HC Writ 1977
PART - I
1[2.
(1) Every petition under Article 226 and/or Article 227 of the Constitution
shall be designated as “Writ Petition” and shall be in Form No. I appended to these
rules.
(2) Every petition under Articles 226 and/or Articles 227 of the Constitution
shall set forth succinctly, in chronological order and in consecutively numbered
paragraphs, all the relevant facts which have given occasion to the petition, the
grounds in support of the petition and the relief claimed.
(3) In the petitions referred to in sub-rules (1) and (2), the petitioner shall
state whether any other remedy for such redress is provided for/by or under any
other law for the time being in force and whether that remedy has been availed of,
and if so with what result.
[(3a) In every Memorandum of Writ Petition the petitioner shall state as to
2
whether he or any person through whom he claims had presented a Writ Petition
on the same cause of action earlier and if so with what result.]2
[(3b) Along with the Petition, list of dates in chronological order with relevant
3
material facts or events pertaining to each of the dates shall be furnished in the
form of synopsis.] 3
(4) The Petitioner shall state, if the Writ Petition involves the constitutional
validity of,-
(i) a State Law;
(ii) Central Law; or
(iii) Central and State Law.]1
4[(5)
Provisions of Rule 5 Chapter VI and Rule 8 and Rule 10 of Chapter X of
the High Court of Karnataka Rules, 1959, shall apply to this part also.]4
1. Substituted by Notification No. RPS No. 120 of 1979 dt. 13.7.1979 w.e.f. 1.8.1979.
2. Inserted by Notification No. HCE 728 of 1988 dt. 12.9.1988 w.e.f. 22.9.1988
3. Inserted by Notification No. RPS 22 of 2005 dt. 12.4.2005 w.e.f. 23.5.2005
4. Inserted by Notification No.HCLC No.84/2019 dt. 15.06.2019 w.e.f. 02.04.2020
140
1
[2-A. Classification of Writ Petitions: - Writ Petitions filed on or after the
1st day of January 1981, shall be classified and the classification shall be indicated
in the designation in the manner given below:
Classification Indicating Letters
(i) All the Writ Petitions 2[barring]2 W.Ps relating to W.P.
Habeas Corpus Petitions, shall be registered with
continuous serial numbers without any reference to
classification at the time of Registration.
[(iii) x x x ]
3
(iv) x x x
(v) xxx]3]1
1. Added by Notification No. RPS No. 130 of 1980 dt. 14.11.1980 w.e.f. 1.1.1981
2. Substituted by Notification No. RPS 130 of 1980 dt. 9.1.1981 w.e.f. 22.1.1981.
3. Omitted by Notification No. RPS 130 of 1980 dt. 15.1.1981 w.e.f. 12.2.1981.
3. Every petition under 1[Article 226 and/or Article 227]1 of the Constitution
shall be signed by the petitioner or his Advocate who shall also sign or put his
thumb mark at the foot of every page of the petition. The petition shall be
supported by an affidavit in Form No. II appended to these Rules and shall be
drawn up in the first person and shall state the name, father’s name, age and
address of the deponent; the affidavit shall be confined to the verification of the
facts set out in the petition and shall specifically indicate by reference to the
paragraph numbers in the petition, as to what facts are verified from the knowledge
of the deponent and what facts from the information and his belief and shall also
contain a statement to the effect that the copies of the documents, if any produced
along with the petition are true copies of the originals.
1. Inserted by Notification No. RPS No. 120 of 1979 dt. 13.7.1979 w.e.f. 1.8.1979.
INTERIM RELIEF
1
[4. The petitioner may seek interim relief in the main petition itself and in
every main petition where there is a prayer for an ad Interim Stay or injunction
against the Union of India or any State Government or any of its authorities, a copy
of such application shall be served upon the standing Counsel/Advocate, for the
Union of India or the concerned State Government before the matter is listed in
Court, except when the Court otherwise directs].1
1. Substituted by Notification No. LCA.I. 313 of 1991 dt. 10.8.1992 w.e.f. 20.8.1992
6. (a) Every annexure produced by the petitioner along with the writ petition
shall be marked in the alphabetical order, namely, as annexure “A”, annexure “B”,
and so on (omitting the alphabet ‘I’) and the marking shall be continued in respect
of all additional annexures produced subsequently, along with the reply
interlocutory applications, etc.
(b) Every annexure produced by each of the respondents along with the
objections shall be marked in the numerical order, namely as annexure ‘1’,
annexure ‘2’ and so on, and the numbering shall be continued in respect of all
additional annexures produced by that respondent subsequently along with the
interlocutory applications or additional affidavits, etc.
(c) The office of the High Court shall give continuous page numbers to all the
papers filed subsequent to the filing of the writ petition as and when they are filed,
and arrange them in the order in which they are filed and shall prepare a
consolidated index of all the papers before posting the case for hearing.
1[7. PROCEDURE FOR FILING COMMON OR JOINT PETITIONS:-
(1) Several persons having similar but separate and distinct interest in the
subject matter of controversy involving common questions of law and facts may file
a common petition. For the purpose of Court Fees, such a petition shall be treated
as equivalent to the filing of such number of writ petitions as there are petitioners.
The Court fee payable on such writ petition shall be the same as payable on the
number of writ petitions, when filed separately. For all other purposes, such as
issue of notice etc., it shall be treated as one writ petition. Such common writ
petition shall be in Form III appended to these rules and shall be supported by the
affidavit of any one of the petitioners as in Form II. For such common petition one
Vakalat with one set of Court fee stamp shall be sufficient
(2) Several persons having common or joint interest but not seeking any
individual relief, interim or final, may file a single petition] 1
1. Rule 7 substituted by Notification No. HCLC No.84/2019 dt.15.06.2019 w.e.f.02.04.2020
12. 1[(1)]1 Every writ petition after it has been admitted to register shall be
posted before the appropriate Bench for preliminary hearing:
[(2) In every Writ Petition where an application is filed for an ad Interim Stay
2
or injunction against the Union of India or any State Government or any of its
authorities, a copy of such application shall be served upon the Standing
Counsel/Advocate for the Union of India or the concerned State Government before
the matter is listed in Court, except when the Court otherwise directs]2
3[(3) In any Writ Petition or Writ Appeal, where High Court is a party-
respondent, a copy of such application, writ petition or writ appeal, shall be served
in advance upon the Registrar General, High Court of Karnataka before such
application, petition or writ appeal is registered and taken up for hearing by the
Court.]2
1. Sub-rule (1) renumbered by Notification No. LCA-I 313/1991 dt. 10.08.1992 w.e.f. 20.08.1992
2. Sub-rule (2) inserted by Notification No. LCA-I 313 of 1991 dt. 10.8.1992 w.e.f. 20.8.1992
3. Sub rule (3) inserted by Notification No. HCLC No.61/2018 dt. 27.09.2018 w.e.f 08.11.2018
[ Proviso x x x ]1
1
[14. x x x]1
1
1. Omitted by Notification No. RPS 120 of 1979 dt. 13.7.1979 w.e.f. 1.8.1979.
15. 1[(1)]1 Unless otherwise directed by the Court, the petitioners shall pay the
process fee and supply as many copies of the petition, the affidavit in support
thereof and all the annexures thereto, as there are respondents by the day
succeeding the date of the order directing issue of notice.
[(2) Notwithstanding anything contained in sub-rule(1) above in all matters
1
in which the Court directs the issue of notice to the Union of India or to any State
Government or to any of its authorities, the petitioner/appellant shall specify the
1. Substituted by Notification No. LCA-1 313 of 1991 dt 10.8.1992 w.e.f. 20.8.1992
143
proper department of the Union of India or the State Government as the case may
be, on whom the notice is required to be served. The notice shall be served on the
appropriate department and additionally on the Standing Counsel/Advocate of the
Union Government or the State Government concerned alongwith a copy of the
petition with its annexure. In addition to the usual mode of Service, the petitioner
may make a request to the Registrar, for service by hand delivery on the
appropriate department and Standing Counsel/Advocate. The Standing Counsel/
Advocate of the Union of India or the State Government concerned shall obtain
necessary instructions from the appropriate department or authority].1
1. Substituted by Notification No. LCA-1 313 of 1991 dt 10.8.1992 w.e.f. 20.8.1992
1
[16. x x x] 1
1. Rule 16 omitted by Notification No. HCLC No.84/2019 dt.15.06.2019 w.e.f 02.04.2020
1
[17. (1) The notice to be issued to the respondent/s upon the making of the
order of rule nisi shall be in Form IV of these Rules. The copy of the rule nisi
granted together with copies of the petition, the affidavit in support thereof and
annexures there shall be served on the respondent/s, if not already served by the
petitioner or his Advocate.
(2) The respondent/s shall, if directed, produce in Court on the date of
appearance all the records, orders and documents, touching the matter in question
which are in his/their custody or power]1
1. Substituted by Notification No. HCE 618 of 1990 dt. 20/22.12.1990 w.e.f. 27.12.1990
18. 1[(1)]1 A party against whom an ex-parte order has been made shall be
entitled to apply to the Court to discharge or vary the said order after giving notice
to the party or parties who are likely to be affected by such order of discharge or
variation. Such notice may be served on the Advocate for the parties.
1
[(2) Every application made under sub-rule (1) shall be posted for orders
before the Court as early as possible, but not later than three days from the date of
presentation.]1
1. Substituted by Notification No. RPS No. 120 of 1979 dt. 13.7.1979 w.e.f. 1.8.1979.
as the Court may direct, and reply to the objections supported by an affidavit, may
be filed by the petitioner within one week of service of a copy of the objections on
him or such earlier time as the Court may direct. The reply shall not raise any new
ground in support of the writ petition.
(2) Copies of the objections or reply shall be served on the opposite party or
parties or their Advocates and the objections of reply shall not be received unless
they contain an endorsement of service signed by such party or parties or their
Advocates.
(3) No further statement or affidavit shall be filed by any party except with the
leave of the Court.
22. The Court may, in its discretion, at any time before a final order is made
on the petition, order the rule nisi to be served on any person who in the opinion of
the Court is likely to be affected.
23. (1) Costs in the writ petitions shall be in the discretion of the Court. When
costs are awarded to any party such costs shall include Court fee paid on the
petition, the Vakalat and other documents filed with the petition, costs of making
copies of paper books either for use of the Court or for service on other parties and
Advocate’s fees. Costs when awarded shall include Advocate’s fee of Rs.100 unless
otherwise ordered.
(2) If costs awarded are not paid, the party entitled to receive the same may
apply to the Court whereupon the Court may transmit the order in the writ petition
to any subordinate Court for execution and such subordinate court shall proceed
to execute the same in the manner prescribed for execution of decrees of that
Court.
24. Where a rule nisi is granted in a writ petition impugning the
constitutional validity of a State Law, notice of the petition shall be issued to the
Advocate General for Karnataka:
Provided that no such notice need be issued if the State Government is a
party to the petition.
1
[24A. No person who has presented a Writ Petition, in which public interest
is involved shall be entitled to withdraw the writ petition except with the leave of
the Court.]1
1. Inserted by Notification No. HCE 728 of 1988 dt. 12.9.1988 w.e.f. 22.9.1988.
PART - II
25. (1) The Rules contained in this part shall apply to petitions seeking the
issue of a writ in the nature of habeas corpus and shall as far as may be read as
supplemental to the rules contained in Part I of these Rules.
(2) A petitioner seeking the issue of a writ in the nature of habeas corpus,
shall file into Court a petition supported by an affidavit:
Provided that when a petitioner is under restraint, the Court may, in its
discretion, treat any written representation by him, sent by post or otherwise, as a
petition and dispense with an affidavit.
145
(3) A petition seeking the issue of a writ in the nature of habeas corpus shall
be posted before a Bench of two Judges for preliminary hearing. Upon the hearing
the petitioner or his Advocate, if he appears, the Bench, if satisfied, shall direct a
rule nisi to issue to the respondent against whom the order is sought, calling upon
him to appear on a date to be fixed therein to show cause why the order sought
should not be made and may also further direct him to produce in Court the
person or persons alleged to have been illegally or improperly detained, to be dealt
with according to law.
(4) On the date fixed for hearing or on any subsequent date to which the
hearing thereon may be adjourned, the Court shall dispose of the petition.
(5) An order for release made by the Court under the preceding rule shall be
sufficient warrant to any Jailor, public authority or other person for the release of
the person under restraint.
1
[(6) The detenue shall be supplied free of cost a copy of final order made by
the Court under sub-rule (4) above.]1
1. Inserted by Notification No. HCE 880 of 1987 dt. 16.12.1987 w.e.f. 24.12.1987.
PART – III
26. Every appeal filed from an order passed by a Single Judge on a writ
petition shall be designated as “writ appeal”.
27. Every writ appeal shall be preferred in the form of a memorandum signed
by the appellant or his Advocate as per Form No.V appended to these Rules and
shall be accompanied by a certified copy of the order appealed from, unless the
Court dispenses with the production of such copy. All the paragraphs therein shall
be consecutively numbered and the memorandum shall contain the following
particulars:-
(i) The name and description of the parties to the appeal and their respective
ranks in the original proceedings and in appeal.
(ii) The address for service of the parties and that of the appellant’s Advocate
at Bangalore.
(iii) The date of the order and the number of the writ petition out of which the
appeal arises.
(iv) A concise statement of the facts which gave rise to the original proceedings
and how they terminated.
(v) The ground in support of the appeal.
(vi) A list of authorities upon which the appellant relies together with a brief
statement of the propositions of law for which the authorities are relied on.
28. The appellant seeking any interim order shall file an interlocutory
application for the said purpose, supported by an affidavit. In other respects, 1[rule
18]1 of Part I shall mutatis mutandis apply.
1. Substituted by Notification No. RPS No. 120 of 1979 dt. 13.7.1979 w.e.f. 1.8.1979.
29. The appellant shall unless otherwise directed by the Court, file into Court
two paper books containing copies of:
146
32. When notice is directed to be issued on any writ appeal, such notice may
be served on the Advocate if any, who appeared for the respondent in the original
proceedings in the High Court. In all other cases notice shall be issued to the
respondent:
Provided that where any respondent remained ex-parte in the original
proceedings after service of notice, the Court may dispense with the service of
notice to such respondent.
33. When notice is directed to be issued to the respondent in any writ appeal,
the appellant shall unless otherwise directed by the Court-
(a) Within three days, pay the process-fee and supply as many copies of the
appeal memorandum as there are respondents:
Provided that if any respondent had been represented by an Advocate in he
original proceedings in the High Court, such notice may be served on him;
(b) Within two weeks, file into Court, as many paper books as there are
respondents, unless otherwise directed. Each respondent or his Advocate on
entering appearance shall be entitled to obtain one copy.
1
[34. The provisions of rule 18 shall apply mutatis mutandis, to applications
filed for varying or discharging any ex-parte interim order passed in a Writ Appeal]1.
1. Substituted by Notification No. RPS No. 120 of 1979 dt. 13.7.1979 w.e.f. 1.8.1979.
35. Where the appellant fails to take necessary steps to prosecute the appeal
in accordance with these Rules, the matter shall be placed without delay before the
Court for orders.
36. Appeal against common order on several writ petitions.- The provisions of
rule 7 shall, mutatis mutandis apply to appeals filed from a common order.
37. The provisions of rule 23 shall, mutatis mutandis, apply to costs in writ
appeals.
38. The provisions of rule 24 shall, mutatis mutandis apply to writ appeals,
provided that no notice need be issued to the Advocate General if after service of
notice under rule 24 he has not entered appearance in the writ petition.
147
[38A. The provisions of rule 24-A shall, mutatis mutandis, apply to Writ
1
Appeals]1
1. Inserted by Notification No. HCE 728 of 1988 dt. 12.9.1988 w.e.f. 22.9.1988
PART - IV
39. Application of the High Court of Karnataka Rules, etc.- The
provisions of the High Court of Karnataka Rules, 1959, the rules made by the High
Court of Karnataka under the Karnataka Court Fees and Suits Valuation Act,
1958, and the provisions of the Code of Civil Procedure, 1908, shall apply, as far as
may be, to proceedings under 1[Article 226 and/or Article 227]1 and writ appeals in
respect of matters for which no specific provision is made in these rules.
1. Substituted by Notification No. RPS No. 120 of 1979 dt. 13.7.1979 w.e.f. 1.8.1979.
____________________________________
FORM NO. I
Rule 2(A)
FORM OF WRIT PETITION
RULE 2(A)
IN THE HIGH COURT OF KARNATAKA, BANGALORE
Original Jurisdiction
WRIT PETITION NO. OF 20
Between
AB
(Address……………….etc) … Petitioner/s
And
CD
(Address……………….etc) … Respondent/s
Petition under Article ….
Constitution of India
The petitioner above named states as follows:-
1. Set out all the facts which have given occasion to the Writ Petition. If any
orders or provisions of Law are impugned in the writ petition, they shall be
expressly referred to).
2. (Set out the grounds in support of the Writ Petition under the heading
Grounds).
3. (Set out the grounds in support of Interim Relief, if any).
Wherefore the petitioner prays……………(Set out the relief sought in the
petition and also the interim relief, if any).
FORM No. II
[Rule-3]
Affidavit verifying the petition
I,……………son of ………………aged about ……….years, residing at ……… do
hereby solemnly affirm and state as follows:-
1. I am the petitioner in the above petition. [if he is not petitioner but
someone else swearing to an affidavit on behalf of the petitioner, state his
authority and/or competence to do so].
2. The statements made in paragraphs…………..of the petition accompanying
this affidavit, are true to my knowledge and the statements made in
paragraphs ………….thereof are based on information and I believe them
to be true.
3. I state that exhibits ………… produced are true copies of the originals.
Bangalore,
Dated:
Deponent.
____________________________________________________
And
Y Respondents
1[FORM
III – A
IN THE HIGH COURT OF KARNATAKA, AT BANGALORE
Writ Petition No. /20
(Notice under Rule – 13 (a) proviso)
Petitioner :
(By Sri . . . . . . . . . . . . . . ..)
Respondents :
To:
Respondent No. :
Whereas a Writ Petition filed by the above named petitioner under Article
226 of the Constitution of India, as in the copy annexed hereunto, has been
registered by this Court:
Notice is hereby given to you to appear in this Court, in person or through
an Advocate duly instructed or through some one authorised by law to act for you
in this case, at 10-30 a.m., in the forenoon (strike of whichever is inapplicable) on
the . . . . . . . . day of . . . . . . . . . . .20.. within 10 days/5 days of the service of this
notice to show cause why rule nisi should not be issued.
You shall produce in Court, on the date of appearance on the records,
orders and documents touching the matters in question which are in your
custody or power.
(The above portion to be struck off, if there is no direction by Court to call for
records)
If you fail so to appear on the said date or any subsequent date to which the
matter may be posted as directed by the Court, without any further Notice, the
petition will be dealt with, heard and decided on merits in your absence.
Issued under my hand and the seal of this Court, this .. day of . . . .. . .
.20...
By Order of the Court,
Assistant Registrar.
INTERIM ORDER
Pending issue of Rule nisi in the aforesaid Writ Petition it is hereby ordered
by this Court on . . . . . . . (By Hon’ble Mr. Justice . . . . . . . . . . . that . . . . . . . . . .
Issued under my hand and the seal of this Court this . . day of . . . . . . 20 ..
Assistant Registrar.] 1
1. Form III-A substitued by Notification No. HCE.618 of 1990 dt. 20/22.12.1990 w.e.f. 27.12.1990
_________________________
150
1
[FORM No. IV
Notice to Respondent on an order of rule nisi.
[Rule 17]
IN THE HIGH COURT OF KARNATAKA AT BANGLORE.
Writ Petition No. of 20
Petitioner. Respondent.
By Sri
To:
Whereas a writ petition filed by the above named petitioner under Article 226
of the Constitution of India, as in the copy annexed hereunto has been registered
by this Court and upon preliminary hearing, the Court has directed the issue of
rule nisi.
Notice is hereby given to you that if you wish to contest the writ petition, you
may enter appearance within (strike off whichever is in-applicable) 10/5 days of the
receipt of this notice either in person or by an Advocate appointed by you in that
behalf and take such part in the proceedings as you may be advised.
(To be used when the date is not fixed by the Court).
Take further notice that in default of your appearance within the time
prescribed, the writ petition will be heard and determined in your absence on any
subsequent date and no further notice in relation thereto will be given to you.
Take notice that the above case is directed to be posted for final hearing/for
consideration of interim prayer on………………at 10-30 A.M., You may appear in
person or by an Advocate on the said date, if you wish to contest the above matter.
(To be used when the date is fixed by the order of the Court either for final
hearing or regarding interim prayer).
You shall produce in Court on the date of Appearance all the Records,
Orders and Documents touching the matters in question which are in your
custody or power.
(The Above clause to be struck off, if there is no direction by the Court to call
for records).
Take further notice that if you fail to appear on the said date, the matter will
be heard in your absence on the said date or on any subsequent date to which the
matter may be posted as directed by the Court without any further notice.
INTERIM PRAYER
Pending disposal of the aforesaid writ petition, it is ordered by this Court on
……….. 20.. as follows:-
(Interim order of the Court to be extracted).
Issued under hand and the seal of this Court, this the …………………day
of……… 20..
By order of the court
Assistant Registrar]1
1. Form IV - Substituted by Notification No. HCE 618 of 1990 dt. 20/22-12-1990 w.e.f. 27.12.1990
______________________________________________________
151
FORM NO. V
Memorandum of Writ Appeal.
(Rule 27)
IN THE HIGH COURT KARNATAKA AT BANGALORE
Civil Appellate Jurisdiction
Writ Appeal No. of 20
Memorandum of Appeal under section 4 of the
Karnataka High Court Act, 1961.
Between Rank in the original Proceeding Rank in this appeal.
AB
(Address) Appellant.
AND
CD
(Address) Respondent.
FORM NO. VI
Notice of Writ Appeal.
(Rule 30)
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Writ Appeal No. of 20
Appellant Respondent
By Sri.
To Respondent
Whereas a writ appeal filed by the above named appellant under section 4 of
the Karnataka High Court Act, 1961, as in the copy annexed hereunto has been
registered by this court and upon preliminary hearing the court has directed the
issue of notice to the respondent;
Notice is hereby given to you that if you wish to contest the writ appeal, you
may enter appearance within 14days of the expiry of the receipt of this notice
before this Court either in person or by an advocate appointed by you in that behalf
and take such part in the proceedings you may be advised.
(To be used when the date is not fixed by the order of the Court)
Take further notice that in default of your appearance within the time
prescribed, the writ appeal will be heard and determined in your absence on any
subsequent date and no further notice in relation thereto will be given to you.
Take notice that the above appeal is directed to be posted for final
hearing/for consideration on interim prayer, on…….. at 10.30 A.M. You may
appear in person or by an Advocate on the said date, if you wish to contest the
above matter.
(To be used when the Court has fixed a date for final hearing or for
consideration of interim payer).
Take further notice that if you fail to appear on the said date, the mater will
be heard in your absence on the said date or on any subsequent date to which the
matter may be posted as directed by the Court without any further notice.
INTERIM ORDER
Pending disposal of the aforesaid appeal, it is ordered by this Court on …..20
as follows:-
(Interim order of the Court to be extracted).
Issued under my hand and the seal of this Court, this the …day of………20
Assistant Registrar