Section 200 in The Rajasthan Law And Judicial Department Manual, 1952
200. Procedure in cases in the High Court under Article 226 of the Constitution.
(1)Whenever a notice of a petition under Article 226 of the Constitution is received by an officer, he shall immediately forward the same to the Administrative Department of Government concerned with the subject-matter of the petition and endorse a copy to the Law and Judicial Department (C) for information.(2)[ In case where no officer-in-charge has been appointed under rule 199-A, on the receipt of the notice of writ, the department concerned shall without loss of any time, appoint an officer-in-charge of the case. A copy of such order shall be endorsed to the Government Advocate at Jodhpur or at Jaipur, as the case may be. and also to the Law and Judicial Department"] [Substituted by Notification No. K. 47(37), Judl/74. dated 15-10-1979 vide G.S.R. 38, Published. In Rajasthan Gazzette Extra-ordinary part IV-C(1), dated 15-10-1979, page 1=1979 RSCS page 462 note 336.](3)The Officer-in-charge shall immediately make such inquiry into the facts of the case, as may be necessary and prepare a report answering parawise all the points raised in the petition and giving such additional information as is likely to be of help to the Law Officer concerned in the conduct of the case. If the Law and Judicial Department had been consulted at any stage, the opinion of that Department shall also be specifically referred to in the report.(4)The report along with true copies of all documents relevant to the case in duplicate shall be forwarded to the Government Advocate, who shall, in consultation with the officer-in-charge, prepare the return for being filed in the High Court. Any counter affidavit which the Government Advocate considers necessary shall be prepared by him on the instructions of the officer-in-charge. A copy of the draft return and counter affidavit will be sent by the officer-in-charge to the Law and Judicial Department who will obtain the orders of the Government thereon and then send back the same. The officer-in-charge shall arrange for the counter-affidavit being sworn to by the appropriate officer. A copy of return and any counter-affidavit filed in court will be sent by the Officer-in-charge to the Law and Judicial Department and the concerned Administrative Department for information. The officer-in-charge shall instruct the Government Advocate from time to time regarding the case whenever necessary.(5)(a)Where in any petition under Article 226 of the Constitution any officer has been made a party in a judicial or quasi-judicial capacity, such officer shall prepare a return answering para-wise all the points raised in the petition and send the same to the Administrative Department concerned, with his opinion whether representation on his behalf by a Law Officer is necessary.Note. - Normally representative by a Law Officer should not be considered necessary in writ cases which do not involve any question affecting the interests of Government or substantial question of Law.(b)If the Administrative Department considers that representation in any such case by a Law Officer is necessary, it shall send the papers to the Law and Judicial Department for being forwarded to the Government Advocate for necessary action. Where representation is not considered necessary, the Government Advocate at Jodhpur should be informed, accordingly, through the Law and Judicial Department in such a case no return shall be filed in the High Court.(6)As soon as the case is decided, the Government Advocate at Jodhpur shall intimate the result to the officer-in-charge and if the decision is adverse to Government, he shall also forward to that officer a copy of the order along with his opinion whether an appeal should be filed. The officer-in-charge shall immediately transmit to the Department concerned all information and papers, if any, received from the Government Advocate. If an appeal is considered necessary, the Department concerned shall take a decision in the matter in consultation with the Law and Judicial Department.(7)When a writ case in the High Court is entrusted to the Advocate-General, the Government Advocate shall assist him.Note. - When in any such case, costs are awarded to the Government, the Government Advocate shall obtain a certified copy of the memo of costs without delay and send the same to the officer-in-charge who shall take steps to recover the amount through the court in consultation with Government Advocate if the petitioner fails to make payment on demand by the officer-in-charge.B. - Writ Cases in the Supreme Court.
