ONE OF THE PRINCIPLES ON WHICH CERTIORARI IS ISSUED IS WHERE THE COURT ACTS ILLEGALLY AND THERE IS ERROR ON THE FACE OF RECORD.: TELANGANA HIGH COURT
The High Court of Telangana passed a judgment on 19 April 2023 stating that one of the principles on which Certiorari is issued is where the Court Acts illegally and there is error on the face of record. It was stated in the case of Kagne Pandari v. State of Telangana (WRIT PETITION No.10055 OF 2021) which was passed by the single judge bench comprising of HONOURABLE JUSTICE SREENIVAS RAO
FACTS OF THE CASE:
This writ petition is filed seeking Writ of Certiorari calling for the records relating to the orders passed by the respondent No.2 in Original Suit No.A4/CPC/138/2018, dated 01.04.2021 in holding that the respondent No.7 is the legally married wife of the deceased Kagne Santhosh and she is his legal heir and further holding that she is eligible for claiming the death benefits of the deceased, without giving any opportunity to the petitioners and without conducting the trial or enquiry as per the provisions of C.P.C., without considering the provisions of Agency Rules and without having jurisdiction and set aside the orders passed by the respondent No.2 in O.S.No.A4/CPC/138/ 2018, dated 01.04.2021 by declaring the same as illegal, arbitrary, abuse of process of law, violation of principles of natural justice and contrary to the rules
JUDGEMENT OF THE CASE
Viewed from any angle, there is no illegality, irregularity or error in the impugned order passed by the respondent No.2 dated 01-04-2021, to invoke the jurisdiction of this Court under Article 226 of Constitution of India, and there are no merits in the writ petition and the same is liable to be dismissed. Point Nos. i to iii are answered accordingly. 22. In the result, the writ petition is dismissed without costs. In view of the dismissal of main writ petition, interlocutory applications pending if any, pending in this writ petition shall stand closed.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.