Section 62 in Rules of High Court at Calcutta relating to Applications under Article 226 of The Constitution of India
62. Costs.
- The costs that may be awarded by the Division Bench while dismissing a frivolous Public Interest Litigation may, if directed, be deposited in a fund to be operated by the Registrar General and the money so realised should be deposited with State Legal Services Authority.Appendix IForm of Rule NisiMatter No.or C. R. No.Original Sideor Appellate SideCause Title as in PetitionUpon reading a petition of ........................ and his affidavit of verification thereof, dated .................... and the exhibits or annexures to the said petition, and upon hearing ................ Advocate for the said petitioner.It is ordered that a Rule do issue calling upon the respondent or opposite parties to show cause why a Writ in the nature of Mandamus should Not be issued directing the said respondents or opposite parties to do (state the things that should be done) or forbear from doing (state the things that should be forborne) or why a Writ in the nature of Certiorari should Not be issued setting aside, cancelling, or quashing the following:[State the documents, orders or proceedings to be set aside, cancelled or quashed]and they are further commanded at the hearing of the application to produce in Court or cause to be forwarded to the Registrar of this Court, for being so produced, all the said documents, orders or proceedings, and the following other documents, records or proceedings.[Set out a list]so that conscionable justice may be administered by setting aside, cancelling or quashing the same or making such other directions as to the Court seem fit and proper.or why a Writ in the nature of Prohibition should Not issue commanding the respondents or opposite parties (or if only one or more of them, then state their numbers in the cause-title) Not to proceed with [give particulars of proceedings] or exercise jurisdiction in any manner in respect thereof or why a Writ in the nature of Quo Warrantos should Not be issued upon the respondents or opposite parties (or if only upon one or more of them then state their numbers in the cause-title) directing him or them to show to the satisfaction of this Court as to the right and authority under which he or they are holding the office of [state particulars of office] or acting as [state particulars] and to show cause why he or they should Not cease to hold the office and vacate the same forthwith and/or cease to exercise any power or authority in connection therewith and/or cease to act in the capacity mentioned above.And it is further ordered that pending the disposal of this application the respondents or opposite parties are restrained from doing the following acts:[State particulars]and/or that the following proceedings are stayed:[State particulars]In witness whereof, etc.Rule Nisi in case of a Writ of Habeas Corpus.To ............................ GreetingsWhereas you have in your custody the body of .......................... we command you upon the receipt of this our Writ to produce the body ........................ before the Court or Judges [give particulars] on the to undergo and receive all and singular such matter or things as our Court or Judge shall then and there consider of concerning him in this behalf.And in default, take Notice that you shall be answerable for contempt in Not obeying the orders of this Court.Appendix IIForm of WritsForm IWrit in the nature of MandamusUpon reading on the part ...................... (hereinafter referred to as the "Petitioner") his petition, affirmed by an affidavit of ...................... And upon reading an affidavit of ....................... and ........................ and being the returns made to the rule nisi issued herein dated .......................... And upon hearing ...................... appearing on behalf of the petitioner, and ............. appearing on behalf of the respondent.It is ordered that the said order nisi is hereby made absolute, and it is further ordered that a Writ in the nature of Mandamus is issued upon the respondent [here state which respondent or respondents] commanding the said respondent (or respondents) to do or forbear from doing the following acts, that is to say-And it is further ordered that(State any other directions given or order made]Witness, etc.Form IIWrit in the nature of CertiorariUpon hearing on the part of ......................... (hereinafter referred to as the "Petitioner") his petition, affirmed by an affidavit of ............................ And upon reading an Affidavit .......................... of ...................... and and being the returns made to the rule nisi issued herein, dated ......................... and upon hearing appearing on behalf of the petitioner, and appearing on behalf of the respondent.It is ordered that the said rule Nisi is hereby made absolute, and it is further ordered that a Writ in the nature of Certiorari is issued and that the following orders, and judgments, and/or proceedings are set aside/cancelled/quashed:(a)(Here state the particulars of the order, judgment or proceedings to be quashed, including a clear description of the Court, tribunal or authority whose order, etc. is being affected](b)(c)And it is further ordered that the said ......................... upon being served with this Writ do hear and decided the said cause in accordance with law.Witness, etc.Form IIIWrit in the nature of ProhibitionUpon hearing on the part of ............................. (hereinafter referred to as the "Petitioner") his petition, affirmed by an affidavit of And upon reading an affidavit of ....................... and ......................... and being the returns made to the rule Nisi issued herein, dated ...................... and upon hearing appearing on behalf of the petitioner, and appearing on behalf of the respondent.It is ordered that the said rule Nisi is hereby made absolute, and it is further ordered that a Writ in the nature of Prohibition is issued upon the respondent prohibiting the said respondent .......................... from further hearing or determining the following suit, matter, application, cause or proceeding pending before the said respondent.(a)(State the particulars of the suit, matter, application, cause or proceeding affected.]Witness etc.Form IVWrit in the nature of Quo WarrantoUpon reading on the part ...................... of (hereinafter referred to as the "Petitioner") his petition, affirmed by an affidavit of ..................... And upon reading an affidavit of ....................... and ......................... and being the returns made to the rule Nisi issued herein, dated ............................ and upon hearing ........................ appearing on behalf of the petitioner, and appearing on behalf of the respondent.It is ordered that the said rule Nisi is hereby made absolute and it is further ordered that a Writ in the nature of Quo Warranto is issued upon, the respondent quashing and/or setting aside the warrant of appointment, dated ........................... and commanding the said respondent Not to act, or purport to hold the office of ........................... [state particulars] .................................. or to exercise any jurisdiction in respect thereto.Witness, etc.Form VWrit in the nature of Habeas CorpusUpon reading on the part of ....................... (hereinafter referred to as the "Petitioner") his petition affirmed by an affidavit of ..................... And upon reading an affidavit ...................... of and ........................... and upon hearing ....................... in person.It is ordered that this rule hereby made absolute and that ............................ whose body has been produced from custody by the ........................... be forthwith set at liberty, or that he be returned to custody or that the following orders or directions be given and obeyed.[State particulars]Witness, etc.
