IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No.4717 of 2008 Santosh Kumar Singh. ......Petitioner. Versus The State of Jharkhand & Ors. .......Respondents. CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI For the Petitioner : Mr. P. Mukhopadhyay, Advocate. For the State : J.C. to A.G. I.A. No.124 of 2011: 04/21.04.2011
: In this interlocutory application, the petitioner has prayed
for exemption from affecting personal service of notice on
Respondent nos.4 and 5.
It has been submitted that it is not possible to serve notice
personally on the said respondents. It has been further submitted
that the said respondents, who were below the petitioner in the
panel, have been appointed and they are interested in delaying
hearing of the writ petition. Due to said reason, they are
deliberately avoiding personal service of notice.
Learned J.C. to A.G. submitted that though learned
counsel for the petitioner has made the said oral submission, the
said ground has not been stated in the application. In fact, no
reason has been assigned for making prayer for exemption from
personal service of notice on Respondent nos.4 and 5, as
directed by this Court by order dated 2nd September 2009.
Having heard learned counsel for the parties, I find that
there is no clear averment in the application on the basis of
which prayer for exemption can be accepted. However, since
the petitioner could not serve the notice personally on
Respondent nos.4 and 5 even after lapse of more than a year, it
is desirable that the notice on Respondent nos.4 and 5 be sent
through process of the Court/registered post.
Considering the above, this interlocutory application is
allowed, giving liberty to the petitioner to take steps for service of
notice on Respondent nos.4 and 5 through ordinary process and
by registered post with acknowledgment due without further
awaiting for personal service on Respondent nos.4 and 5 and for
that purpose, one week’s time is given to the petitioner to take
appropriate step for service of notice on Respondent nos.4 and
With the said observations and directions, I.A. no.124 of
2011 is disposed of.
(Narendra Nath Tiwari, J.)