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Writ Petition seeking Writ of Certiorari in High Court under Article 226 of Constitution to quash order of an order

Updated: Nov 8

Writ Petition seeking Writ of Certiorari in High Court under Article 226 of Constitution to quash order of an order.

Format of Writ Petition seeking Writ of Certiorari in the High Court under Article 226 of the Constitution.

A writ of certiorari is a direction to an authority to produce before the Court the records on the basis of which a decision under challenge in the writ petition has been taken. By looking into those records, the Court will examine whether the authority applied its mind to the relevant materials before it took the decision. If the Court finds that no reasonable person could come to the decision in question, it will set aside (quash) that decision and give a further direction to the authority to consider the matter afresh.

Sample format of Writ of Certiorari to High Court is given below. This is only body of the Writ Petition. Please include other details also:

IN THE HIGH COURT OF DELHI AT NEW DELHICIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. OF 20__(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)

IN THE MATTER OF:

1. Mr. ____________ son of _________Resident of _________ PETITIONERVERSUS1. State of _____Pollution Department RESPONDENT NO. 1Through its Secretary

2. South Delhi Municipal CommissionerNew Delhi RESPONDENT NO. 23. Pollution Control DepartmentNew Delhi RESPONDENT NO. 3WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING FOR DIRECTION OR ORDER IN THE NATURE OF CERTIORARI TO THE RESPONDENTS AND QUASH ORDER DATED___ PASSED BY THE RESPONDENT NO. 3.To,The Hon'ble Chief Justice of High Court,And His Companion Judges of theHon'ble High Court of Delhi.

The humble petition of thePetitioner above named.

THE PETITIONER MOST RESPECTFULLY SHOWETH:

1. That the Petitioner is filing the present writ petition under article 226 of the constitution of India Praying for direction or order in the nature of Certiorari to the respondents and quash order dated ______ passed by respondent No. 3.

2. That, the Petitioner is a Law abiding Citizen of India and residing the above address.

3. That the Petitioner runs a Coffee Shop in the name and style of Sit and enjoy at ______, New Delhi.

4. The Petitioner has obtained all necessary licenses and permission from the State and local authorities according to the applicable laws of India for conducting his business.

5. That Petitioner held a ______ License No. ______dated____, and has been carrying on this business for the last ten years and has gained a good reputation for his service in India. A copy of the ____ License has been annexed hereunder as ANNEXURE P1.

6. The Petitioner on _____ received a notice from the Respondent No. 3 to show cause and give explanation that why should not his license be revoked for polluting the environment through effluents from Coffee House. The notice also required the Petitioner to produce the license before the Respondent No. 3. A copy of the notice has been annexed hereunder as ANNEXURE P2.

7. The Petitioner pursuant to the notice dated____, submitted his explanation, wherein he stated that he did not pollute the environment from running the coffee shop and effluents from coffee shop is very limited and directly processing it.

8. Thereafter, the Respondent No.3, cancelled the ________ license of the Petitioner without giving proper consideration to the submission of the Petitioner by order dated ___.

8. The Petitioner aggrieved by the impugned order of the Respondent has approach this Hon'ble Court.

9. The Petitioner submits that the order dated ______by Respondent No. 3 are arbitrary and void amongst other.

GROUNDS8. That the present Writ Petition is being filed on the following, amongst other, grounds without prejudice to each other;

A. Because Respondent No. 3 have issued cancellation order in violation of the principle of natural justice.

B. Because Respondent No. 3 have not applied their minds to the facts of the case.

C. Because order dated____ by issued by Respondent No. 3 is in violation of Article 19(1)(g) of the Indian Constitution.PRAYERSIn view of the facts & circumstances stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:-

a) Issue a Writ in the nature of Certiorari to the Respondents and quash order dated ____ passed by Respondent No.3;

b) Any other relief, order or direction this court may deem fit and proper under the facts and circumstances of this case.AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.

FILED BY:(________________)ADVOCATE FOR THE PETITIONER

DRAWN ON:Drawn by:

New DelhiDate:

OTHER DOCUMENTS TO BE ATTACHED WITH WRIT OF CERTIORARI PETITION

1. Notice of motion

2. Urgent application

3. Court fee

4. Certificate

5. Synopsis & list of dates

6. Memo of parties

7. Annexure to the Petition including impugned order and relevant other orders

8. Application for exemption from filing certified copies, dim and small font annexures with affidavit.