SUBALAL HODHRAJ SHARMA Vs. GOVT. OF MADHYA BHARAT

JUDGEMENT

(1.) SUBALAL Sarpanch Kendra Panchayat Mihona district Bhind, has filed this petition under Art. 226, Constitution of India for the issue of a writ of certiorari against the Government of Madhya Bharat. The relevant facts as alleged in the petition are as follows:

(2.) THE first question to consider in this case is whether a writ of certiorari can issue in this case or not. It is now well established that a writ of certiorari can issue only when the impugned act is either judicial or quasi -judicial and it is done without jurisdiction or in excess of jurisdiction. In - - - 'Province of Bombay v. Khushaldas S. Advani', : AIR 1950 SC 222 (A), Kania C. J. made the following observations:

(3.) THE first condition having been fulfilled, we have now to consider whether the act of the Government is without jurisdiction or in excess of jurisdiction. It is alleged in the petition that notice as contemplated by S. 20 was not given by the Government. It appears from the annexure to the petition that notice was given by the Collector Bhind (Vide Appendix H of the petition). Mr. Anandbihari Misra who appears for the petitioner contends that notice should have been given in the name of His Highness the Rajpramukh.