SITA RANI Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioners move for a writ of certiorari to remove into this Court and to quash the order of the Revenue Minister (second respondent) dated 19 -4 -60 whereby he declined to grant permission in favour of respondents 3 to 5 to sell their land, to the petitioners. A mandamus to the second respondent directing him to issue the necessary permission to sell is also sought as ancillary relief. The petitioners further seek to get the Jammu and Kashmir Alienation of Land (Temporary Restriction) Act. 1959. Act XXI of 1959. declared void as violative of Art. 19 of the Constitution of India. This relief has, however, not been pressed at the hearing and does not therefore fall to be considered.

(2.) THE respondents resist the application mainly on the ground that the impugned order of the Revenue Minister is not amenable to certiorari as it represents a purely administrative act.

(3.) IT is now well settled that certiorari will lie to bodies and persons other than Courts stricto sensu,. No doubt, the writ of certiorari was issued originally only to inferior Courts, using the word Court in its ordinary sense. As statutory bodies of various types and denominations exercising quasi -judicial functions came to be set up, the writ was extended to them also. A writ of certiorari now lie.; to control such statutory bodies if they purport to act without jurisdiction or in excess of jurisdiction or in violation of the principles of natural justice or commit any error on the face of the record.