Santosh Kumar Singh vs State Of Jharkhand & Ors. on 21 April, 2011

Jharkhand High Court

               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
2

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.)
Sanjay/

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