Registry Not To Insist Process Fee For Issuance Of Notice When State Govt. Is Arrayed As Respondent: Karnataka High Court

The circular issued by K.S.Bharath Kumar Registrar (Judicial) relies on the order passed by the High Court on September 2, in WP No.10338/2021.

The court while hearing the petition had observed that "Since the first respondent is on advance notice the question of issuing fresh notice to respondent No.1 (state government) does not arise. Even in the cause list also the name of learned AGA is printed, for this reason also there is no necessity to take steps for issuance of fresh notice to respondent No.1."

Further it said "It is noticed that wherever the State Government is made a party and notice is ordered, the registry is insisting for payment of process free by the learned counsel appearing for petitioners. When Rule 4 of Writ Proceedings Rules, 1977 mandates issuance of advance copy and registry would not number the matters until and unless the copy is served on the office of the Advocate General, the question of once again paying process fee for issuance of fresh notice to the State would not arise."

Following which the court had said, "The Registrar (Judicial) to place the file before the Hon'ble Chief Justice and on obtaining orders from Chief Justice shall issue Circular of there being no necessity for paying fresh process particularly when copy of the writ petition has already been served on the State Government and also when name of the State Government is printed in the cause list.