Section 26 in Rules of High Court at Calcutta relating to Applications under Article 226 of The Constitution of India
26. [ [[Rule 26 substituted vide Notification No. 7103-G dated 18.11.1999. Earlier rule 26 stood as under:</p>
'26. Save and except as provided in these Rules, all applications for a Rule Nisi shall be made in the first instance before the Court on such day or days and at such time or times as may be fixed by the Court:Provided that No application shall be moved at the residence of a learned Judge or elsewhere outside the Court premises, without an assignment in writing from the learned Chief Justice or any learned Judge authorised by the learned Chief Justice in that behalf:Provided further that an application for a Rule nisi involving revenue shall Not be moved, unless the Judge otherwise directs, without serving a forty-eight hours prior Notice along with a copy of the application under Article 226 of the Constitution, proposed to be moved on the Administrative Head of the department concerned with the administration of the Revenue law:Provided further that No application for Rule nisi shall be moved at the Andaman and Nicobar Islands before the Judges in Circuit, unless the Judges otherwise direct, without serving ten days' prior Notice, along with a copy of the application proposed to be moved on the Administrative Head of the Department concerned, if the office of the Head of the Administration concerned is situated in Andaman and Nicobar Islands, otherwise fourteen days Notice.The Court hearing such an application may issue a rule nisi or summarily reject the application or make such order therein as it thinks fit.A Judge issuing a rule nisi may make it returnable before a Division Bench or may while hearing the Rule, refer the same to the Division Bench for hearing.]]- Save and except as provided in these rules, all applications for a Rule Nisi shall be made in the first instance before the Court on such day or days and at such time or times as may be fixed by the Court.An application under Article 226 shall Not be moved and No prayer for interim order shall be entertained in a writ petition under Article 226 of the Constitution without serving copy of such petition alongwith all annexures upon the respondents to be bound by or affected by such interim order and without giving such party a reasonable opportunity to contest the same, without serving 48 hours' prior Notice alongwith a copy of the application under Article 226 of the Constitution, proposed to be moved, on the concerned respondent. Provided where the State Government is a party, service on the Legal Remembrancer /Government Pleader, as appropriate, will be sufficient; where the Central Government/Local Authority/ Body/Corporation or any of its officers is a party service may also be made on the Standing Counsel for the Central Government/Local Authority or Body or Corporation Notified to the Registrar in this behalf:Provided that the Court may for reasons recorded allow the moving of the application and entertain the prayer for such interim order without such Notice, in which case, a copy of the application alongwith all annexures in support thereof, shall forthwith be served by the petitioner, upon the respondents against whom the interim order has been obtained:[* * *]Provided further that an affidavit of service shall be filed showing compliance with these rules before the matter is taken up for hearing. The Court hearing such an application may issue a Rule Nisi or summarily reject the application or issue Notice or give direction/ directions or make such order thereon as it thinks fit.A Judge, for the reasons recorded, at the hearing or at any subsequent stage of the proceeding may make it returnable before a Division Bench or may while hearing the Rule, refer the same to the Division Bench for hearing.]Explanation. - The Judge hearing such application may dispose of the same by issuing Notice and without issuing Formal Rule.[* * *] [[Rule 27 deleted vide Notification No. 7103-G dated 18.11.1999. Earlier Rule 27 stood as under:'27. No prayer for interim order shall be entertained in a petition under Article 226 of the Constitution without serving a copy of such petition along with all the annexures upon the Respondents to be bound by or affected by such interim order and without giving such party a reasonable opportunity to contest the same.Provided that if the respondent sought to be bound or affected by the interim order is the Andaman and Nicobar Administration or any person or authority ordinarily residing or having its office in the islands, unless ten days' prior Notice has been served upon such a respondent or any one authorised by him to receive such Notice along with a copy of such application or petition as the case may be, together with all documents in support thereof.Provided further that the Court may for reasons recorded, entertain the prayer for such interim order without such Notice, in which case, a copy of the application along with all annexures in support thereof, shall forthwith be served by the petitioner, upon the Respondents against whom the interim order has been obtained.']]
