Issue of order in writ petition

[Sugan Chandra Gupta]

In a writ petition , following prayers were made,
1 Declaring the inaction of the respondents 1 and 2 to the appeals filed by the petitioner both dated 23-01-2016, as arbitrary,unfair and violative of Art14 of the constitution and consquently direct the Respondents to dispose the appeals filed forthwith and
2 Declar the promotion effected in violation of the procedure by the 2nd Respondent from E7 TO E8 and E8 TO E9 grade as arbitrary,unfair,and violative of Art14 and therefore void ab initio and direct the 2nd Respondent to conduct them afresh.
Pending disposal of the writ petition prayer 1 was sought as interim direction, vide a w.p. mp petition under the writ petition.
The petitioner in person argued his case in open court ,confining himself to prayer 1 and the Honble judge passed the orde that appeals submitted to be disposed by R1 and R2 within 8 weeks.However I am told that complete writ petition is disposed of,though no written order is still issued(case was heard on 24th Oct 2016). Can it so happen ? In fact the second prayer is neither argued nor respondents have submitted counter to it. If it is so what are the petitioners options? The writ petition was submitted and numbered on 20th Oct 2016.

[Dr. Ashok Dhamija]

When you argue the case, generally you argue the whole case. It is up to you whether you want to argue on a single prayer or all the prayers. Sometimes, people confine their arguments to some limited issues, while not pressing the other issues. It is your choice. Unless the court agrees to keep other issues open, the petition is disposed of in whole. Sometimes, the court may even observe that other issues were not pressed, hence they are not decided, but the petition may be disposed of.

Therefore, once the final arguments have taken place, the petition can be disposed of completely. Wait for the written order of the court.
     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Sugan Chandra Gupta]

Though written order is still to be received,the high court website is showing the order of writ petition having disposed of in totality without adverting to second prayer.What should be my recourse now?

[Dr. Ashok Dhamija]

Wait for the order to become available online, or approach the high court registry to get certified copy of the order.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Sugan Chandra Gupta]

Sir , the order is available online,but physical copy is yet to be received.Yesteday ,I checked up to find that physical copy is still under despatch.Sir, what should now be done to revive the second prayer?

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