Legal Question in Appeals and Writs in India

I am a Central Government servant holding a position of some responsibility. Recently a large number of our stakeholders filed Writ Petitions in the High Court of Andhra Pradesh against the action of our Department in dispossessing them of their holdings without any compensation. I, in my official capacity, is the third respondent in the matter. I had submitted various reports highlighting the injustice in the actions of the Department to the official superiors. The Petitioners had relied a couple of my reports, obtained under the RTI Act, to substantiate their case.

The reply in this case has been filed by a junior officer in the Head Office. The reply is incomplete, false and misleading. What are the options available to me disassociating from this abuse of process of law and ensuring that the stakeholders in my charge are not denied justice?

I had attempted to highlight the subject matter in my articles �Wilful distortion denies to salt pan owners justice� ( http://www. indiatogether.org/2008/apr/hrt-saltpan.htm), Contentious Rule, Incredible Verdict� (Journal of Indian Law and Society, Volume 1, 2009) �Experiments with Falsehood� (http://www.lawyersclub india.com/articles/Experiments-with-Falsehood-2047.asp) and "Once Landholders, Now Leaseholders" (http://www.lawyersclubindia.com/articles/Once-Landholders-now-Leaseholders-4832.asp#.US7fdaJTAnA).


Asked on 3/01/13, 1:48 am

3 Answers from Attorneys
Setu Niket Curare Legal

Since you have been made a respondent in this case, you can appear before the court and provide all relevant details to the court and seek permission from the court to allow you to file a counter affidavit/reply to the petition where you can present all the relevant facts along with all the reports.

Feel free to contact for further assistance.

Kind Regards

Setu Niket

Advocate

Delhi High Court

+91-9873109672

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Answered on 3/01/13, 1:52 am
Jayesh Desai Jayesh Desai

You are a respondent in your official capacity, and not in your individual capacity. In any event Court will be appraised of your reports, as the Petitioners have obtained the same under RTI.

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Answered on 3/03/13, 12:23 am


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