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Report No. 58

Interim relief in writs

5.7. However, our point in emphasising the wide scope of the jurisdiction is this. When the court issues an interim order, pending the determination of the petition, should not the party seeking interim relief be required to give notice to the opposite party of the application for interim relief? Such a course could be regarded as desirable, having regard to the wide range of activities likely to be affected by petitions filed under Article 226. The matters with which such activities have to deal, affect governments, local authorities and citizens; and for the effective functioning of the administration at its various levels, it is often essential that the authoritative determination of questions should be obtained with the minimum of delay.

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