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Report No. 79

V. Benches for Deciding writ Petitions

16.16. Writ Bench.-

It is the general practice in High Courts to have separate writ benches, but it is necessary that their sittings should continue for a reasonable length of time.

16.17. Grouping of writ petitions.-

While dealing with civil appeal1 we have pointed out the necessity of grouping of appeals involving the same question of law. This is all the more important and necessary in the case of writ petitions. Very often, a number of writ petitions are filed in respect of the orders of administrative tribunals, involving not only the same point of law, but also the same or similar facts. The grouping of all such petitions by the Registry will very much help in the quick and satisfactory disposal of these cases.

1. Chapter 4 and 5, supra.

16.18. Practice of not listing writ petitions in anticipation of other petitions not to be favoured.-

It has also been observed that writ petitions raising a particular question are not listed by the office for hearing before the bench, simply on the ground that other petitions of the same nature are likely to follow. This is not a correct practice. Normally, unless there are some special features, it will be more conducive to better administration of justice if such a petition, when filed, is given precedence-if need be, with the permission of the Chief Justice, and put up for decision in accordance with law.

The chances of further or more petitions of the same or similar nature are thereby eliminated or minimised, in case the petition is dismissed. On the other hand, if the petition succeeds, it is possible that the department or authority concerned may take suitable action without further loss of time and harassment to persons similarly aggrieved.

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