Draft Special leave Petition under Article 136 of the Constitution of India. Assume facts, if required.

Draft of Special Leave Petition under Article 136 of the Constitution of India IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION (Under Article 136 of the Constitution of India) SPECIAL LEAVE PETITION (C) NO. ________ OF 20________ (Arising out of the final judgment and order dated ________ passed by the Hon'ble High Court of ________ in Writ Petition No. ________ of 20________) Position of Parties In High Court ABC ________ Versus Government of ________ In Supreme Court Petitioner ________ Respondent ________ TO, THE HON'BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUSTICES OF THE HON'BLE SUPREME COURT OF INDIA THE HUMBLE PETITION ON BEHALF OF THE PETITIONER ABOVE NAMED MOST RESPECTFULLY SHOWETH: The present Special Leave Petition has been filed under Article 136 of the Constitution of India against the judgment and final order dated ________ passed by the Division Bench of Hon'ble High Court of ________ in Writ Petition No. ________ of ________ whereby the petition filed by the petitioner herein was dismissed. QUESTIONS OF LAW A. Whether the land acquisition of land of the petitioner by the respondent is for a Private Company or for a public purpose. B. Whether the acquisition is mala fide being in colourable exercise of power and fraud on the statute and in sheer abuse of power of eminent domain. DECLARATION IN TERMS OF RULE 3(2) That no other Petition seeking leave to Appeal has been filed by the Petitioner against the final judgment and order dated ________ passed by the Ld. Division Bench of High Court of ________ in Writ Petition No. ________ of ________. DECLARATION IN TERMS OF RULE 5 That the Annexures filed with the Present Petition are true copies of the pleadings/documents forming part of the records before courts below. GROUNDS That the present special leave to Appeal is being filed on the following, amongst other, grounds without prejudice to each other; i. Because the Division Bench of the Hon'ble High Court failed to appreciate that the procedure for acquiring land for a public purpose cannot be adopted for acquiring land for a private company. The acquisition in the instant case was clearly an acquisition for a private company and the respondent State had undertaken a colourable exercise of power by stating it to be an acquisition for a public purpose. GROUNDS FOR INTERIM RELIEF That the Petitioner has a good case on merits and that there are fair chances of success in the matter before this Hon'ble Court. The acquisition in the instant case was clearly an acquisition for a private company and the State had undertaken a colourable exercise of power by stating it to be an acquisition for a public purpose. If no stay is granted then that would cause serious prejudice to the petitioner. MAIN PRAYERS In view of the facts and circumstances as mentioned above, it is most humbly prayed that this Hon'ble Court may graciously be pleased to: i. Grant Special Leave to Appeal against the order passed by the Division Bench of the Hon'ble High Court of ________ in Writ Petition No. ________ of ________ titled as ________. ii. Pass such other or any further order(s) as may be deemed fit and appropriate by this Hon'ble Court in the facts and circumstances of the present case. INTERIM PRAYER It is, therefore, most respectfully prayed that this Hon'ble Court be pleased to: a) stay the impugned judgment dated ________ passed by the Division Bench of the Hon'ble High Court of ________ in Writ Petition No. ________ of ________ titled ________. b) pass such other and further orders as this Hon'ble Court may deem fit and proper in the interests of justice. FILED BY: ________ Advocate for the petitioner Drawn By: ________ Drawn on: ________ Filed on: ________ New Delhi AFFIDAVIT IN THE HON'BLE SUPREME COURT OF INDIA IN THE MATTER OF: ________ ________ Petitioner Versus ________ Respondent I, ________ s/o ________ Aged ________ yrs R/o ________ the petitioner in the Special Leave Petition titled as above do hereby solemnly affirm and state as under: That I am the petitioner and am fully aware of and conversant with the relevants facts concerning the matter in issue in this petition. That the contents of the accompanying Special Leave Petition are true and correct to the best of my knowledge and belief. That no relevant fact has been concealed or kept back in the S.L.P. I, further solemnly affirm at ________ (place) this the ________ day of ________ 20________ that the above averments are true and correct. Nothing has been concealed therefrom. DEPONENT