Section 35 in Rules of High Court at Calcutta relating to Applications under Article 226 of The Constitution of India
35. [ [[Rule 35 substituted vide Notification No. 7103-G dated 18.11.1999. Earlier rule 35 stood as under:
'35. (1) Upon admission of his petition, in respect of petitions marked 'Appellate Side', the petitioner shall, within a week of the making of the order, file with his petition as many copies as there are respondents, together with an extra copy for each serving Court, to be retained by such Court for the purpose of drawing up of the return of service or Non-service as the case may be. Where, the State Government is a party Respondent, an additional copy will be filed for serving upon the Legal Remembrancer. While where the Central Government or the Andaman and Nicobar Administration is a party Respondent, an additional copy will be filed for service upon the officer-in-charge of the Branch Secretariat of the Ministry of Law, Justice and Company and Legal Affairs, Calcutta or the Principal Officer of the Andaman and Nicobar Administration in Calcutta.(2)In applications marked 'Appellate Side', where fresh service is to be effected, Notice of that fact shall be given to the petitioner, who shall, within a week of the service of such Notice, file the requisite number of copy or copies of the petition, for such fresh service. In case of default in filing such copies, the matter will be placed before the appropriate Court for further directions.(3)Unless the Court otherwise directs, such of the respondents, who have already been served with a copy of the petition under Article 226 of the Constitution under Rules 26 and 27 as above need Not be served with a copy of such petition along with Notice of the Rule and No copies on that account need further be filed by the petitioner.(4)In application marked Appellate Side, where Notice on a particular respondent has been returned unserved and the copy of the petition has also been returned therewith, filing of fresh copies of such petition may be dispensed with by the Registrar.(5)This Rule will Not apply in respect of an application filed before the Judges in Circuit in the Andaman and Nicobar Islands and the matters covered by this Rule shall abide by the directions of the Judges at the time of the admission of the application:Provided that the Registrar of Andaman and Nicobar Islands is authorised to give all directions to make the application ready for hearing and to report to the Court forthwith in case of default.']](1)Upon admission of his petition in respect of petitions marked "Appellate Side", the petitioner shall, within a week of the making of the order, file as many copies of his petition as there are respondents who have Not been served together with an extra copy for each serving Court, to be retained by such Court for the purpose of drawing up of the return of service or Non service as the case may be. Where the State Government is a party respondent copies will be filed for serving upon the concerned officer. Where the Central Government or the Andaman and Nicobar Administration is a party respondent, an additional copy will be filed for service upon the Officer-in-Charge of the Branch Secretariat of the Ministry of Law, Justice and Company and Legal Affairs, Calcutta or the Principal Officer of the Andaman and Nicobar Administration in Calcutta.(2)In applications marked "Appellate Side", where fresh service is effected, Notice of that fact shall be given to the petitioner, who shall within a week of the service of such Notice, file the requisite number of copies of the petition for such fresh service. In case of default in filing such copies, the matter will be placed before the appropriate Court for further directions.(3)Unless the Court otherwise directs, such of the respondents, who have already been served with a copy of the petition under Article 226 of the Constitution under Rules 26 and 27 as above need Not be served with a copy of such petition along with Notice of the Rule and No copies on that account need further be filed by the petitioner.(4)In applications marked "Appellate Side", where Notice on a particular respondent has been returned unserved and the copy of the petition has also been returned therewith, filing of fresh copies of such petition may be dispensed with by the Registrar.(5)[ Deleted.]]
