Writ of certiorari
JAIME
(Querist) 11 December 2014
This query is : Resolved
Can a Person of Indian Origin being a Citizen of foreign country having property in India file a Writ Petition to issue Writ of Certiorari under Article 226 r/w 227 of the constitution of India against a wrong judgement passed in revision where there is no appeal. there is a supreme court citation BASHESHAR NATH Vs.
RESPONDENT:THE COMMISSIONER OF INCOME-TAX,DELHI & RAJASTHAN & ANOTHER.DATE OF JUDGEMENT: 19/11/1958 Article 14 of the constitution is interpreted at page 16 of 60 "That the underlying object of this Article is undoubtedly to secure to all persons, citizen or non-citizens the equality of status and of opportunity referred to in the glorious preamble of our Constitution. Could this interpretation give relief to a non citizen?
P. Venu
(Expert) 11 December 2014
Yes, it is not necessary that a Writ Petitioner needs to be a citizen.
Dr J C Vashista
(Expert) 12 December 2014
Yes, it is maintaiablle, agree with experts.