SECTION:80(2) :- NOTICE TO THE GOVERNMENT.
Heard the Ld. Advocate for the plaintiff. Read this application, plaint and other papers on record. The present application has been given by the plaintiff to dispense with the notice as he is in need of urgent relief against the Government.
In the case of Tax-Luxury Tourists Co.Op. Society Ltd. V/s. State of Gujarat, reported in 1981 (2)GLR 694, the Honourable Gujarat High Court has held that if the Court on a perusal of the plaint of the suit proposed to be lodged against the State Government or any public officer that the plaintiff is in need of an urgent or immediate relief against the State Government/Public Officer whose act is under challenge, the Court may grant leave to such a litigant to sue without serving any notice as required by Sub Sec.(1) of Section 80 of the C.P.Code. On perusal of the plaint etc., in the present matter such permission is required to be granted otherwise the plaintiff will have to suffer irreparable loss. Hence, in the interest of justice, I pass the following order.
O R D E R
This application is granted.
Notice provided under section 80(1) of the C.P.Code is hereby dispensed with under the first part of section 80(2) of the Code.
[Note :- No exparte injunction can be granted against the Government]