Sample Form
In the High Court of Judicature at .....................
In re
Art. 226 of the Constitution of India
Civil Writ Petition No........ of ..........
Name & Address :.................................................... Petitioner
..........................................................................
versus
(1) Postmaster-General,.....................
Respondents.
(2) Sub-Postmaster..............Dist........
Petition under Art. 226 of the Constitution of India for a writ of certiorari
to quash the order of respondent No. 1, dated.......... and for a writ of
mandamus
directing the said respondent to restore the
registration No. of "..................".
The petitioner above named states as under :-
1. That he is the manager of ............ which publishes a monthly magazine known as "........".
2. That the said magazine is devoted to the science and art of Indian music and current topics relating thereto.
3. That the said magazine started publication in 20........ and since then has been published regularly every month at intervals of not more than one month.
4. That it has monthly circulation of about......... copies. The
bona fide
list of its subscribers exceed .................. copies.
5. The said magazine was registered as a newspaper under Sec. 9 of Post Office Act and for the purposes of paragraph 74 of The Post and Telegraph Guide in 20........ The registration number which was assigned to it, was A-2......... and since then registration has been renewed from year to year till..... The registration No....... was changed in 20...... to A-1......... Renewal for the year 20..... was granted by the postal authorities by their letter dated.........
6. A subsequent letter dated......... was sent by Sub-Postmaster, ........ (respondent No. 2) asking the petitioner to supply four copies of the latest issue of the said magazine to the Postmaster-General......... (respondent No. 1). On the same date .......... copies of the latest issue of the said magazine were supplied to respondent No. 1 through respondent No. 2
7. By another letter dated....... respondent No. 1 informed the petitioner that the registrartion of "........" has been cancelled as it did not conform to the requirements of Sec. 9 of Post office Act and Paragraph 74 of the Post and Telegraph Guide.
8. That the petitioner protested against the said cancellation of the registration of "..........." and made a demand for its restoration to the register with the registration No...... as heretofore but the said demand has been refused.
9. That being aggrieved by the order of respondent No. 1, conveyed by its letter dated........... above mentioned, the petitioner approaches the Hon'ble High Court for issue of a writ of
certiorari
to quash the said order of respondent No. 1 dated........... and for issue of a writ of
mandamus
directing respondent No. 1 to restore the registration number on the following, among other.
Grounds
(i) That respondent No. 1 having issued a registration number to the petitioner's magazine "....." for ......... years, it was not open to the Department to place a different interpretation after.......... year
(ii) That the matters contained in the "............." are matters of the nature as contemplated by Sec. 9 of Post Office Act. Respondent No. 1 had no power to cancel the registration.
(iii) The public may have acquired interest in the art and culture and it may be that the topic relating to the development of art and culture and suggesting improvements in the art may be matters of current topic. In order to discuss any such topic, it may sometimes be necessary to refer to the historical background. The question whether the modern music should be based entirely on the old classical style or it should be imporved, may itself be a matter of curretn topic and it cannot, therefore, be said that as such the magazine deals only with cultural subjects and that it cannot be regarded as containing articles relating to current topics.
(iv) It is not open to respondetn No. 1 on the same set of facts, to come to a different conclusion some time afterwards during the period when the registration is in force and cancel the registration on the ground asserted in letter dated...........
(v) In cases wehre the Postmaster-General has cancelled a registration without any change in the contents of the publication only on the ground that when the registration was granted, it didi not fulfil conditions of Sec. 9 such a cancellation is not permissible under Rule 30(5) of Post Office Act and Rules. It cannot be left to the sweet-will of every Postmaster-General every month to form a different opinion about a particular publication. The Rule, which gives power to the Postmaster-General to cancel a registration does not authorise the Postmaster-General to change his opinion subsequently and to hold that a publication already registered did not come within the scope of Sec. 9 of the Post Office Act at the time of the registration.
10. That there is no other specific, expeditious and efficacious remedy in this behalf.
11. It is prayed that a writ of
certiorari
be issued to the respondents to quash the order dated........... cancelling the registration number of "........" and a writ of
mandamus
be issued directing the opposite-parties to restore the registration number.
N. B. - An affidavit in support of the petition is also filed herewith.
Dated ....................
(Sd.)
Petitioner.
(Sd.)
Advocate, for the Petitioner.