UMED SINGH RATHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) UMED Singh, petitioner has filed this contempt petition for disobedience of the following order of this Court dated 31-3-1977 in S. B. Civil Misc. Stay Appl. No. 52/77 in Writ No. 58/77. Issue notice of the stay application. The petitioner-appellant has already complied with the provisions of Sub-clauses (a) and (b) of Clause (4) of Article 226 of the Constitution by furnishing copies of the petition and relevant documents to the learned Counsel for the State on March 17, 1977. In the meantime the respondents are restrained from giving effect to and acting upon 'notification No. GSR 168 dated Dec. 30, 1976 (Ex. 1) and advertisement dated Jan. 15, 1977 (Ex. "2" ). The learned Deputy Govt. Advocate accepts notice of the stay application. Put up after two weeks as prayed by learned Deputy Government Advocate.

(2.) THIS order was passed in the presence of the Deputy Government Advocate and after hearing him. The copies of the writ petition and stay petition were earlier served on Mar. 17, 1977. It would thus be seen that from Mar. 17, 1977, to Mar. 31, 1977 respondents had ample time to have knowledge of the writ petition and the stay petition and having full knowledge thereafter it was argued on 31st Mar. , 1977.

(3.) SINCE the stay order was passed after hearing the Deputy Government Advocate for admission of the case and in his presence, legal corollary is that the respondents got the knowledge of the stay order, the moment, it was dictated in the open court.