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Sample Form Writs Certiorari 1057 - Legal Draft

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Category : Writs Certiorari

Sample Form

In the High Court of Judicature at ..............

Name & Address:......................................                                   Petitioner,

versus

(1) Additional Commissioner ............... }
(2) Name and Add:........................                 }                          Respondents.
(3) Asstt. Collector..................                       }

Petition under Art. 226 of the Constitution of India for a writ of certiorari

The abovenamed petitioner states as under :

1. That the petitioner was granted a Sanad in respect of................ acres of land bearing Survey Nos......... to......... in the village of........., Tehsil.......... in the District of ........ under Act.......... of ........ by respondent No. 3 by order, dated............ A copy of the said order is filed herewith as Annexure A.

2. That respondent No. 2 appealed against the said order to respondent No. 1 under Sec............... of Act..................... of............. aforesaid and the appeal was rejected on............ A copy of the said order is filed herewith as Annexure B.

3. That respondent No. 1 entertained a petition for review filed by respondent No. 2 before respondent No. 1 on ............... and after issuing notice to the petitioner set aside on.......... his previous order, dated.......... and cancelled the Sanad granted to the petitioner as stated in para 1 above and granted a Sanad in favour of respondent No. 2. A copy of the said order, dated............ is filed herewith as Annexure C.

4. That the respondent had no jurisdiction to review on ........... his own previous order, dated........... There is no statutory provision in Act........... of .......... for review of orders by respondent No. 1.

5. That the said order, dated.......... passed by respondent No. 1 if left outstanding will materially prejudice the petitioner's rights under the Sanad originally granted to him on...........

6. It is, therefore, prayed that a writ of
certiorari be issued calling for the record of the case No............ of.......... as well as the review case No.......... of ....... from the offence of the 1 st respondent and the order, dated.............. passed in review be quashed and such other direction as the court may deem fit be made in this behalf.

N.B. - An affidavit in support of the petition is also filed herewith.

Dated ....................

(Sd.)
Petitioner.
(Sd.)
Advocate for the Petitioner.



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