Court No. - 34
Case :- WRIT - C No. - 12304 of 1996 Petitioner :- Gaon Sabha Of Village Khalidpur Saharanpur Respondent :- Upper Collector A.D.M. Saharanpur And Others Counsel for Petitioner :- Kb Garg, Anuj Kumar, S.K. Pundir Counsel for Respondent :- C.S.C., Anil Kumar Mishra
Hon'ble Sudhir Agarwal,J.
1. Heard Sri S.K. Pundir, learned counsel for petitioner, Sri Anil Kumar Mishra, learned counsel for respondents and learned Standing Counsel for State of U.P.
2. Vide order dated 09.04.2015 amendment sought by petitioner was allowed and in pursuant thereof, petitioner has amended prayer clause of the writ petition seeking a writ of certiorari for quashing order dated 31.03.1992 passed by respondent-1 in revision.
3. Sri S.K. Pundir, learned counsel for petitioner submitted that order dated 31.03.1992 is substantial and has to be seen for adjudicating the controversy.
4. Despite time having been allowed, order dated 31.03.1992 has not been appended to the writ petition. Since said order does not form part of writ petition, it cannot be quashed.
5. However, it is well settled that a writ of certiorari would not lie for quashing an order which is not made part of writ petition. This Court has taken this view in Writ Petition No. 59231 of 2011 (Nause Khan Vs. State of U.P. and others) decided on 14.10.2011 observing as under:
"In absence of order sought to be quashed, not appended to writ petition, the relief of certiorari for quashing the same cannot be granted. The writ petition, therefore, as drafted, is not entertainable."
6. In the present case, order dated 31.03.1992 which is sought to be quashed has not been made part of writ petition.
7. In the circumstances, no effective relief can be granted.
8. Dismissed. Interim order, if any, stands vacated. Order Date :- 17.12.2019 Siddhant Sahu