High CourtsSingle Bench(2001) 07 KAR CK 0013

Ummal Alimabi vs Balakrishna Poojary and Others

Karnataka High Court · Decided on 11 July 2001 · Citation: AIR 2001 Kar 456 : (2001) 4 KCCR 195 SN

HON’BLE JUDGES
V. Gopala Gowda, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 25927 of 2001

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Judgment

6 paragraphs · 262 words

V. Gopala Gowda, J.—In this writ petition the petitioner is seeking to quash the proceedings in NCSR 394/91-92 and No. HSRR 12/ 2000/2001 pending before the Land Grant Committee, Puttur, who are respondents 3 and 4 respectively. Certified copies of those proceedings are not produced. But, I.A.I. is filed for dispensation of production of copies of those proceedings.

2.

Rule 9 of the Writ Proceedings Rules, 1977 of this Court prescribes as under :--

"Every petition for issue of a writ in the nature of certiorari seeking to quash an order of any authority shall be accompanied by a certified or authenticated copy of the order sought to be quashed and where the proceedings have taken place before more than one authority, shall be accompanied by certified or authenticated copies of the order of all such authorities".

The petitioner has not produced either the certified copy or authenticated copy of the proceedings sought to be quashed. He has not produced any document to show that he had in fact applied for the copies of those proceedings. Therefore, dispensation cannot be granted and I.A.I. is rejected.

3.

This writ petition is liable to be rejected in limine in view of non-production of the proceedings sought to be quashed. Further, the entire proceedings of a pending case cannot be quashed under writ jurisdiction. Only particular order in its entirety or a portion thereof can be quashed. Writ petition''s misconceived. The petitioners are at liberty to urge all such legal contentions before the third respondent, in support of their case.

4.

Writ petition is dismissed.