Writ petition - Some details.

In this department many persons who are operators of omni bus, stage carriage, mini bus applicants quite often approach the High court to redress their grievances.

How to deal with such things.

Order Nisi:
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When a person files a case against any RTO or RTA in the High court,immediately the High court if the case is fit for taking on file, admit and issues an order nisi.

Order Nisi means that the RTO or RTA as the case may be is advised about filing of such a case and the High court informs the office that it has taken the case on file and if there is anything that the RTO wants to say about the case, he can do so on the date mentioned in order Nisi. Order nisi means intimation about filing of a case.

Sanction of Defence:-
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Immediately we should write to T C requesting him for sanction of defence. We have to enclose the order nisi, affidavit copy if any received, copy of the order passed by the RTA against which the case is filed etc.

Draft Counter affidavit:-
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We have to meet the Government pleader with a request to prepare draft counter affidavit. If we ourselves can prepare such an affidavit, we may prepare the same and submit it to GP for corrections.After getting such a corrected copy of affidavit we have to send it to Transport Commissioner for approval. For such an approval we have to enclose our earlier letter, affidavit copy order nisi copy etc . Whether the approval comes or not, we have to get the signature of the RTA or RTO as the case may be and hand it over to G.P.

If the Secretary Home Department or the Government,is cited as respondent then the approval must be by the Government through our head office.

Also refer circular 38/92