NIRAVKUMAR HARESHBHAI DESAI Vs. NITINBHAI GUNVANTBHAI PATEL

JUDGEMENT

(1.) At the outset, it requires to be noticed that this Court has come across number of cases where in the petitions filed either under Article 226 or Article 227 of the Constitution of India, there is no specific prayer sought for namely the order which is to be set aside or the order which is to be quashed, so also in the cases of applications filed under the Contempt of Courts Act .

(2.) Rule 174 of the Gujarat High Court Rules, 1993 provides for the mode, manner and method in which the petitions filed under Article Article 226 , 227 and 228 of the Constitution of India for issue of Writs and orders under the said Articles are to be presented. It would be relevant to extract Rule 174 and it reads : -

(3.) When the petitions - applications filed under Articles 226, 227, and 228 of the Constitution of India, it should contain the grounds on which the reliefs sought for by clearly specifying the same in the petition; the reliefs sought for should be set out at the end of petition, apart from other contents. Thus if the reliefs sought for is omnibus or without clarity or without specifying as to which order or communication or Annexure is to be set aside or quashed, such petitions or applications would not be in consonance with Rule 174.