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. 
Download Format.

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 DELHI
CIVIL 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 _________                                                    
PETITIONER

VERSUS

1. State of _____
Pollution Department                                                     
RESPONDENT NO. 1
Through its Secretary

2. South Delhi Municipal Commissioner
New Delhi                                                                    
RESPONDENT NO. 2

3. Pollution Control Department
New Delhi                                                                    
RESPONDENT NO. 3

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 THE RESPONDENT NO. 3.

To,
The Hon’ble Chief Justice of High Court,
And His Companion Judges of the
Hon’ble High Court of Delhi.

The humble petition of the
Petitioner 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.
 

GROUNDS
8. 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.

PRAYERS
In 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 Delhi
Date:
 

 

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.

9. Vakalatnama on behalf of the petitioner.