UNIVERSITY OF PETROLEUM AND ENERGY STUDIES

SCHOOL OF LAW

SEMESTER 8

B.B.A., LL.B. (HONS.) CORPORATE LAW

DRAFTING of WRITS

CERTIORARI

Submitted to: Mr. Saksham Pradyot

Submitted by: RACHIT MUNJAL

R760215045
500047862
 IN THE HIGH COURT OF JUDICATURE OF

UTTARAKHAND AT NAINITAL

CIVIL APPELLATE SIDE

WRIT PETITION NO. __________ OF 2019

MR. A

…Petitioner

Versus

MR. C AND MR. D

…Respondents

INDEX

S. No. Particulars Annexure Page No.

1 SYNOPSIS A-B

2 MEMO OF WRIT PETITION 1-6

3 Copy of impugned order dated A

4 English translated copy of impugned order dated A-1

5 Copy of the sale deed dated 01/01/2007 B

6 Copy of MSEB and water bills in the name of C

the Petitioner

7 Copy of the sale deed dated 12/12/2018 D

 8 Copy of application dated 01.02/2019 E

LAST PAGE

Date:

Place: Dehradun
 IN THE HIGH COURT OF JUDICATURE OF

UTTARAKHAND AT NAINITAL

CIVIL APPELLATE SIDE

WRIT PETITION NO. __________ OF 2019

MR. A

…Petitioner

Versus

MR. C AND MR. D

…Respondents

SYNOPSIS

The petitioner has filed this petition to quash and challenge the order dated 01/02/2019 passed

by the Hon’ble District Court of Haridwar against the sale deed dated 12/01/2019.

LIST OF DATES AND EVENTS

DATE EVENT

01/01/2007 Mr. A bought a land admeasuring 12 bighas situated in Prem

Nagar, Dehradun from Mr. B vide sale deed dated 01/01/2007.

12/12/2018 Mr. A sold a part of that land admeasuring 5 bighas to Mr. C vide
sale deed dated 12/12/2018.

12/01/2019 Mr. C via misrepresentation sold land admeasuring 10 bighas to

Mr. D via sale deed dated 12/01/2019.
01/02/2019 Mr. A filed a suit for injunction and declaration against the sale
deed dated 12/01/2019 in the Hon’ble District court of Haridwar.

01/02/2019 The Ld. Judge of the Hon’ble Distrcit Court of Haridwar dismissed
Mr. A’s application and passed a judgment against him.
 POINTS TO BE URGED

1. Whether the Hon’ble District court of Haridwar had jurisdiction to pass the judgement

or not.

2. Whether the dismissal of application and judgement passed against Mr. A by the

Hon’ble District court of Haridwar is valid.

STATUTES REFEERED

1. The Constitution of India

2. The Transfer of Property Act, 1882.

CITATIONS REFERRED

At the time of arguments.

Date:

Place:Dehradun

……………………….

Advocate for Petitioner

 IN THE HIGH COURT OF JUDICATURE OF

UTTARAKHAND AT NAINITAL

CIVIL APPELLATE SIDE

WRIT PETITION NO. __________ OF 2019

District: Dehradun

In the matter of article 226 and 227 of the constitution

of India

AND

In the matter of order dated 01/02/2019

Mr. A PETITIONER

Versus

Mr. C and Mr. D RESPONDENTS

THE HON’BLE CHIEF JUSTICE

AND OTHER HON’BLE JUDGES

OF THE HIGH COURT OF JUDICATURE

OF UTTARAKHAND AT NAINITAL
 THE HUMBLE PETITION OF THE

PETITIONER NAMED ABOVE

THE PETITIONER ABOVE NAMED MOST HUMBLY SHEWETH AS

UNDER:

1. By the present Writ Petition, the Petitioner is constrained to invoke the extra ordinary

Writ Jurisdiction of this Hon’ble Court under article 226 and 227 of the Constitution of

India to quash and set aside the impugned order dated 01/02.2019 passed by the Hon’ble

District court of Haridwar.

2. The material facts giving rise to the present petition are as below:

 Mr. A son of Mr R caste Arora aged 45 resident of Prem Nagar, Dehradun

bought a land having an area of 12 bighas from Mr. B son of Mr. X caste Arora

agaed 45 years resident of Ballupur, Dehradun vide sale deed dated 01/01/2007

in Prem Nagar, Dehradun.

 Mr. A sold a piece of that land of 5 bighas to Mr. C son of Mr Z caste Arora

aged 57 resident of Prem nagar vide sale deed dated 12/12/2018.

 Mr. C manipulated the sale deed dated 12/12/2018 and represented that he had

purchased 10 bighas of land instead of 5 bighas from Mr. A vide the same sale

deed.

 Mr. C sold 10 bighas of land with the help of the manipulated sale deed to Mr.

D son of Mr Y caste Arora aged 56 resident of Prem nagar, Dehradun vide sale

deed dated 12/01/2019.

  Mr. A came to know about the same and filed a suit for injunction and

declaration in the Hon’ble District Court of Haridwar.

 The Ld. Judge of the Hon’ble District Court of Haridwar dismissed the

application and passed judgement against Mr. A vide order dated 01/02/2019.

Description of Property: Plot no. 225, Kheri Gaon, Prem Nagar, Dehradun, Uttrakhand.

North: Road

South: Plot No. 275

East: Road

West: Plot no. 226

3. The Petitioner states and submits that, in view of the aforesaid facts and circumstances,

the decision of the Hon’ble District Court of Haridwar is illegal and unlawful as the

Hon’ble District Court of Haridwar does not have the territorial jurisdiction to pass any

order or judgement. Therefore, the order should be quashed and set aside. Hence the

Petitioners herein having no other efficacious remedy have come under Extra Ordinary

Writ Jurisdiction of this Hon’ble Court under Article 226 and Article 227 of the

Constitution of India on the following amongst other grounds, which are raised herein

below in the alternative and without prejudice to one another:

GROUNDS

a. The District Court of Haridwar being a judicial body has committed an error

of law by exercising excessive jurisdiction as it did not have territorial

jurisdiction over a property situated in Prem Nagar Dehradun.

4. It is submitted that entire cause of action has arisen within the jurisdiction of this

Hon’ble Court and hence, this Hon’ble Court has the jurisdiction to entertain and

adjudicate the issue involved in the instant Writ Petition.

5. The Petitioner craves leave to refer and reply upon to add, to alter, to amend and to

modify and/or to delete any of the contention raised hereinabove.

6. The Petitioner has no other equally efficacious remedy except by way of the present

Writ Petition and relief prayed under this petition, if granted, would be complete and

effectual.

7. The Petitioner has not filed any other petition in this Hon’ble Court or in the Hon’ble

Supreme Court of India touching the subject matter of present Writ Petition.

8. The Petitioner has paid a fixed Court fee of Rs. _______ on the Writ Petition.

Prayer

9. The Petitioner therefore prays that;

a. This Hon’ble Court be pleased to issue a Writ of Certiorari or any other writ,

order or direction in the nature of Certiorari and quash and set aside the

impugned order dated 01/02/2019.

b. This Hon’ble Court be pleased to stay the effect and implementation of the

impugned order dated 01/02/2019 passed by the District court of Haridwar.

c. Ad-interim with respect to prayer clause (b) may kindly be given;

d. This Hon’ble Court be pleased to grant leave to file the suit before the

appropriate authority.
 e. Such further and other reliefs as deemed fit and proper in the facts and

circumstances of the case be granted.

AND FOR THIS ACT OF KINDNESS AND JUSTICE THE PETITIONER AS IN DUTY

BOUND SHALL EVER PRAY

Place: Dehradun

This ......... day of

………………………..

Advocate for the Petitioner

…………………

Petitioner
 VERIFICATION

I, do hereby state on solemn affirmation that the contents of paragraph Nos. 1 to 9 are true to

my own knowledge which I believe to be true and correct. The above contents in the Petition

have been explained to me in English.

Solemnly affirmed at

Dated this ....day of

.……………..

DEPONENT

I know and identify the deponent.

Advocate for the Petitioner

Before me