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MEHTA, SANGHI
M. R. Deo – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Applicant : Homi Daji.
For the Respondent: K.A. Chitle.

JUDGMENT :

Mehta, J.

1. This is an application by Mr. M.R. Deo, Advocate, Madhya Bharat High Court that a writ of certiorari should issue to the Subha and District Magistrate Indore to bring up, in order to be quashed, an order passed on 22nd October 1949 by District Magistrate under S.3-E, Madhya Bharat Maintenance of Public Order Act. The said order prohibits the applicant for three months from participating in any meeting, public or private, organised by any association. It further prohibits the applicant from issuing any leaflet or newspaper, propagating communist views or that of Karmachari Sangh. A preliminary objection was raised by the learned Advocate-General that Madhya Bharat High Court is not invested with the jurisdiction to issue the high prerogative writ of certiorari. This would involve an inquiry into the nature and origin of the writ of certiorari as well as the constitution and jurisdiction of the power and authority of this Court.

2. The ancient writ of certiorari in England is an original writ which may issue out of a superior Court requiring that the record of the proceedings in some cause or matter pending before an inferior Court should be transmitted into the



























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