• Stay order from high court - my lawyer is not submitting the reply

1. I have a land dispute pending in the High Court, Himachal Pradesh.

2. The opposite party "X" who have encroached upon my land and constructed a 2 storied building procured electricity, water, sewerage and NOC from various government departments.

3. I raised the objection regarding the illegal acts of the said corrupt officials and subsequently the construction was declared illegal and the Town and Country Planner, ordered that all the service connections (electricity, sewerage and water) be removed from the illegal construction.

4. The service connections were removed from the illegal construction and 'X' moved HP High Court and procured a stay on the decision of Town and Country Planner. HC also ordered that service connections be restored. Here electricity, water and Municipal Corporation departments were made a party by X. I was also made a party to the case.

5. I have already submitted all the relevant documents to my lawyer that evidently prove that illegal construction was raised by X and also that X procured the service connections illegally with the help of the said departments.

6. Its been 9 months now and my lawyer has not submitted my reply in the court and all the documents that I have given to him. My lawyer says let the government departments reply first and then we will submit the reply.

7. The saddest part here is that the matter was initially being heard in every 1 months gap and now no date is fixed by the High Court for hearing. My lawyer is still waiting for the government departments to first submit a reply and it has been 9 months now.

8. My queries are as below -

 1. What should I say to my lawyer so as to force him to submit my reply with all the documents in the court?
2. In case no date is fixed by the court to hear the CWP what should be my next step to get a suitable date from the court?
3. The matter sometimes comes before the Registrar as well. So can we raise the objection before the Registrar that the government departments are not submitting a reply.
4. Is it mandatory that the government departments need to submit the reply first?
5. What should I do to remove the stay order and enforce the decision of Town and Country Planner.

Please include relevant sections and cases wherever possible so that I may tell my lawyer the provisions.

Thanks
Asked 4 years ago in Civil Law

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15 Answers

1. Ask him to mention the matter in high court so it fixes it for early hearing . Before hearing file your affidavit in opposition.

2. Mention it in person.

3. No, it is of no use as he can not adjudicate the dispute.

4. o

5. same as above.

Engage a pro active advocate to get your case heard at the earliest.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) change your Lawyer . Send notice to your lawyer by regd post that you do not want to engage his services abd request him to provide his NOC

2) engage another lawyer and file your reply

3) have papers produced in court and request court for short date

4) it is not mandatory that govt files it’s teply first

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

1. There's no need to wait till the time the other contesting parties file their reply. You being aggrieved by the stay, should deal with it in utmost priority.

2. File a reply first, followed by an urgency application and get the matter listed.

3. You can't submit any such objection. You should file your reply and thereafter press for vacation of stay.

4. No.

5. Move a stay vacation application.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

the entire facts of the case, including a copy of the stay and the petition under which it was granted. If reasonable grounds can be made out as to why the stay should be vacated, it can be done.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Rome always think better but I fail to understand what you lawyer saheb, being my brother, thought to file reply after govt. reply. Please apprise him that in this type of matter you have to help the Government Department because they will go what you will suggest to them and have to pursue them daily by visiting T & C Planning Department because there may be some of their official may involve in this episode, so please ask you counsel to file reply immediately with a copy be given first to T & C Department because they may base on you or it will also be better you personally go to that department and ask the reason of not filing the reply then proceed.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Hello

X had obtained a stay in the lower court order. He must have filed a writ petition in the hc. You must be the opposite party in the petition.

Now you have to file a reply being the private respondent and real aggrieved party.

Your lawyer is misleading you. The govt will file a counter affidavit and you too have to file a separate counter affidavit.

If the government does not file a counter affidavit and you file it....abn application for expeditious hearing should be filed in the hc.

The case would be heard on merits. Proceed accordingly. The matter comes before the registrar because nobdy is filing a ca and after some time the petition would be listed for final order for disposal as nobody is doing nothing.

Regards

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

1. Get in touch with some other lawyer.

2. An application for listing of the case is filed in the HC.

3. No objection can be raised before the registrar, the case is listed before the registrar to confirm if the notices have been served or not/ or the replies have been submitted or not.

4. No

5. File the reply alongwith an application for vacation of the stay.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Your reply can be filed

No need to wait for government to file its reply

Your lawyer can mention case to Court to list it out of turn citing some urgency

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

Dear Cleint,

This is insane, if you will not file reply, even if matter come up for hearing, will be adjourned for not filling reply and shall be bear cost too.

Waiting for govt. reply not wrong but reply kept pending will hamper your case only, no effect on govt, which ever party wins and why govt. will file reply, as this case has no adverse effect on govt. Better file reply and pursue for early hearing.

File your reply, not filling will delay your cause only.

That your advocate can push the registry to list the case.

Govt. not filing reply, court will proceed ex parte or will close their reply, same will apply on you if will not file.

No such rule, all parties are require to file their reply timely.

File reply and argue on stay vacation.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Your lawyer stand is not justified that let department fine reply then we will do so

You don’t get second chance to submit rebuttals

Your lawyer can have papers produced request court for early date

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

1. Its a practice. Not a provision. Its known as mentioning to court by submitting an urgency precipe to list matter on board out of turn

2. Government/corporation carried out demolition after you notified it. It hardly matters whether you file reply first or government files its reply first. But let court issue notice to file reply. There is an interim order which is running against you. So you can file your reply

3. Yes with leave of court if you have additional material or information to be brought on record and which has a bearing on the case for its proper adjudication

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

1. There is no provision as such, an application with the heading 'application for listing of the case' will have to be filed.

2. No, that is not correct, If you file reply the matter will be listed and as when the matter will come before the court, the court will ask the department to file the reply.

3. No, only the petitioner will get a chance to file rejoinder (reply to your reply), after that the case will be listed for final hearing.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. What should I say to my lawyer so as to force him to submit my reply with all the documents in the court?

You can change your lawyer and engage the services of another lawyer so that you can move on with your reply to be filed before the high court.

2. In case no date is fixed by the court to hear the CWP what should be my next step to get a suitable date from the court?

You have to ask your lawyer to talk to the staff of the court to bring the said file on list at the earliest possible.

3. The matter sometimes comes before the Registrar as well. So can we raise the objection before the Registrar that the government departments are not submitting a reply.

No, you have to confine to your case alone.

4. Is it mandatory that the government departments need to submit the reply first?

It is not so, all the respondents have to file their counter

5. What should I do to remove the stay order and enforce the decision of Town and Country Planner.

It is a stay against the town and country planning and not against you hence you cannot seek that relief of vacating the stay.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

1. There is no provision for insisting to bring the matter on list of cases to be heard.

Not reached/not taken up (after notice) matters will be listed after six weeks from

the date of listing. In case of urgency, it will be open to the parties to mention the matter before the Honorable Court for urgent listing or advancing the date generated by the Computer as per the above logic.

2. Actually the grievances for the petitioner are against the government departments only and not against you, hence you may follow your advocate's instructions.

3. No, you have already submitted your reply based on your grievances, hence you will not get anymore chance on that basis.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

If no court date than clerk date is always assigned for next hearing, your advocate can tell the registry to list on same date, or can file application for early hearing.

Dept. will not counter your point but reply to petition only.

No rebuttal to co respondent, only by way of affidavit, can counter allegation.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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