Legal Thesaurus

Legal Thesaurus – Writ – Certiorari

Writ – Certiorari

A writ by which causes are removed from inferior Courts into the High Court of Justice.

“The petition before me is actually not a petition bringing up the record of any case for being quashed by a writ of certiorari. The petitioner, opinion, can obtain effective relief without this Court actually quashing the impugned notification. As far as I can see the use of the word ‘quash’ in respect of such notification is not quite appropriate if the meaning to be given to that word in this connection is what it bears to the sphere of law of certiorari. It is sufficient for the petitioner to demonstrate before this Court that the notifications were illegal or bad in law and his rights in the disputed plots could not be relinquished or interfered with in pursuance of those notifications. The effective relief which he would get would be in the nature of mandamus or direction that the opposite parties shall not take any further action in pursuance of those notifications which have been found to be in law so as to effect the right and title of the petitioner in the disputed plots. Right of the petitioner would be effectively safeguarded if this Court issues a direction commanding the opposite parties not to take any further proceedings based on the impugned notifications under the Act and not to disturb the possession of the petitioner in respect of the disputed plots”. [Section 6, Land Acquisition Act, 1894].

If the decision has been arrived at in contravention of the mandatory provision under Section 5-A that the objector should have an opportunity of being heard, it is not a valid decision in the eyes of law, and if in spite of this the authority concerned decides under Section 6(1) of the Act to acquire the land, a writ of certiorari be issued against him directing him not to take further proceedings till the objector is given an opportunity of being heard in the manner required by Section 5-A, Land Acquisition Act, 1894.

Disputed questions of fact cannot be decided in a petition under Article 226 of the Constitution of India.

Whether the land notified for acquisition is suitable for acquisition cannot be considered in writ jurisdiction.

It is well-settled that the writ court is loath to enter the thicket of disputed facts.a

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