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Srinivasa Murthy (Advocate)     14 November 2008

Government Orders

Is there any established procedure for the cancellation of Government Orders? Can an individual move the High court in 2008 to cancel a Government order passed in 2005?



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 5 Replies

Tribhuwan Pandey (Advocate)     14 November 2008

You may challange the Government Orders before the High Court of through a Writ Petition under article 226 of the Constitution of India.

prabodh kumar patel (advocate)     14 November 2008

I agree with Mr. Pandey Sir.

prof s c pratihar (medical practitioner &legal studies)     14 November 2008

different tribunals are constituted now a days.if g .o .is within, you are to move tribunal first such as service matters where cat or sat is the appropriate forum first. excluding these you are to move high court i writ jurisdiction under article 226 of the constitution of india.also lies article 32 of the constitution where you can move supreme court.

K.C.Suresh (Advocate)     15 November 2008

It can be cancelled through judicial process.

Srinivasa Murthy (Advocate)     15 November 2008

 


The GO was issued in 2005 under the provisions of Section 23 of the Urban Land Ceiling Act, 1976 which was repealed on 27 March 2008 in Andhra Pradesh. A writ was filed in September 2008 seeking to cancel the GO of 2005 claiming irregularities conducted under the impugned GO. Can you comment on:


1.  the limitation aspects


2.  since the authority itself, under which the impugned GO is issued, is no longer in existence, can the impugend GO be cancelled by the State Government or the Judiciary? 


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