IN THE HIGH COURT OF DELHI AT NEW DELHI
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. OF 20__
(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)
IN THE MATTER OF:
Mr. ____________ son of _________ Resident of_________ PETITIONER
VERSUS
State of _____ Pollution
Department RESPONDENT NO. 1
Through its Secretary
2. South Delhi Municipal Commissioner
New Delhi RESPONDENT NO. 2
3. Pollution Control Department
New Delhi RESPONDENT NO. 3
WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING FOR DIRECTION OR ORDER IN THE NATURE OF CERTIORARI TO THE RESPONDENTS AND QUASH ORDER DATED___ PASSED BY THE RESPONDENT NO. 3.
To,
The Hon'ble Chief Justice of High Court,
And His Companion Judges of the
Hon'ble High Court of Delhi.
The humble petition of the
Petitioner above named.
THE PETITIONER MOST RESPECTFULLY SHOWETH:
1. That the Petitioner is filing the present writ petition under article 226 of the constitution of India Praying for direction or order in the nature of Certiorari to the respondents and quash order dated ______ passed by respondent No. 3.
2. That, the Petitioner is a Law abiding Citizen of India and residing the above address.
3. That the Petitioner runs a Coffee Shop in the name and style of Sit and enjoy at ______, New Delhi.
4. The Petitioner has obtained all necessary licenses and permission from the State and local authorities according to the applicable laws of India for conducting his business.
5. That Petitioner held a ______ License No. ______dated____, and has been carrying on this business for the last ten years and has gained a good reputation for his service in India. A copy of the ____ License has been annexed hereunder as ANNEXURE P1.
6. The Petitioner on _____ received a notice from the Respondent No. 3 to show cause and give explanation that why should not his license be revoked for polluting the environment through effluents from Coffee House. The notice also required the Petitioner to produce the license before the Respondent No. 3. A copy of the notice has been annexed hereunder as ANNEXURE P2.
7. The Petitioner pursuant to the notice dated____, submitted his explanation, wherein he stated that he did not pollute the environment from running the coffee shop and effluents from coffee shop is very limited and directly processing it.
8. Thereafter, the Respondent No.3, cancelled the ________ license of the Petitioner without giving proper consideration to the submission of the Petitioner by order dated ___.
8. The Petitioner aggrieved by the impugned order of the Respondent has approach this Hon'ble Court.
9. The Petitioner submits that the order dated ______by Respondent No. 3 are arbitrary and void amongst other.
GROUNDS
8. That the present Writ Petition is being filed on the following, amongst other, grounds without prejudice to each other;
A. Because Respondent No. 3 have issued cancellation order in violation of the principle of natural justice.
B. Because Respondent No. 3 have not applied their minds to the facts of the case.
C. Because order dated____ by issued by Respondent No. 3 is in violation of Article 19(1)(g) of the Indian Constitution.
PRAYERS
In view of the facts & circumstances stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:-
a) Issue a Writ in the nature of Certiorari to the Respondents and quash order dated ____ passed by Respondent No.3;
b) Any other relief, order or direction this court may deem fit and proper under the facts and circumstances of this case.
AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
FILED BY:
(________________)
ADVOCATE FOR THE PETITIONER
DRAWN ON:
Drawn by:
New Delhi
Date: