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 SB Civ. Mis. Slay 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 clauses 4 of the Art. 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 December 30,1976 (Ex. 1) and advertisement dated January 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 March 17, 1977. It would thus be seen that from March 17, 1977, to March 31, 1977 respondents had ample time to have knowledge of the writ petition and the stay petition and having full knowledge the re -after it was argued on 31st March, 1977.

(3.) THE knowledge of the Deputy Government Advocate would be assumed to be knowledge of the respondents, who are represented by him, otherwise, the stay order passed in the presence of the counsel for the parties would become futile and meaningless. No party can be allowed to plead that even though counsel was aware of the stay order, the same was not communicated to him.