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What is a Writ Petition? How can I file a writ petition in India?

What is a Writ Petition? How can I file a writ petition in India?

Thousands of writ petitions has been filed in the various High Courts and Supreme courts of India by invoking the following kind of writs in their Jurisdiction (1) Directing the authority by Writ of Mandamus (2) Stay an abusive proceeding by Writ of Prohibition (3) Overruling the judgment of lower court by Writ of Certiorari (4) free from the unlawful and illegal detention by Writ of Habeas Corpus (5) restrain any from up syrup public office by Writ of Quo-Warranto.

Neither any high court under Article 226 may issue a writ nor may Hon’ble Supreme court under Article 32 issue a writ. No other courts have jurisdiction and power to issue a writ, other than the aforesaid superior courts. A Writ is a provision of law in our Indian Constitution for enforcement of fundamental rights and It is provision under Article 139 for enforcement of the rights, securing the principle of natural justice of citizens in the country.

When to use a writ, how to use a writ and in what situation to use it? – It is absolutely an art of legal professionals and the circumstances of any, but you have to prove that the aforesaid writ filed for enforcing fundamental rights and any other rights of yours. The writs can be reviewed by the superior courts more quickly than any other petition in the interest of justice. India has the second population where you can get justice through a writ petition faster than normal petition but however, the aforesaid writ petition has clarity that the writ filed for the purpose of securing the principle of justice and enforcement of fundamental rights.
  1. Directing the authority by Writ of Mandamus

    The Direction of High Court or Supreme Court to the public authority likely, government officers and subordinate courts to do specific act which the aforesaid body is obliged to do as such duty bound for the authority.
    https://indiankanoon.org/doc/1816008/
     
  2. Stay an abusive proceeding by Writ of Prohibition

    The Stay Order of High Court or Supreme Court to the subordinate court or government authorities to stop doing something which law prohibits. However, the writ of prohibition has some time used along with the other writs.
    https://www.casemine.com/judgement/in/5609aac1e4b014971140ae3e
     
  3. Overruling the judgment of lower court by Writ of Certiorari

    The writ of Certiorari is commonly used in all commonwealth nations, whereas the court seeks judicial review of a decision of government agencies and other lower courts. The superior courts direct the lower courts and call the records for review.
    https://indiankanoon.org/doc/236084/
     
  4. free from the unlawful and illegal detention by Writ of Habeas Corpus

    Habeas Corpus Doctrine- Bring the body alive, where the aforesaid writ is used to get a remedy for an unlawful detention, illegal imprisonment when the state agent holds the defendant in custody. Some time, the aforesaid petition is also used to file a petition who has been lost and unfound.
    https://indiankanoon.org/doc/183090179/
     
  5. restrain any from up syrup public office by Writ of Quo-Warranto

    Not commonly used. It has provisions for the public to file a quo-warranto petition when unauthorized authority up syrup the public office.
     
Format and procedure for filing a writ
The format of filing a writ petition has been given in the Hon’ble Supreme Court website and you have to ensure that your application is exactly following the specified format in order to get registration successful in the aforesaid high courts.
https://main.sci.gov.in/pdf/writ%20format.pdf

The aforesaid petition has to be filed along with following details:
  1. Proof Affidavit by the petitioner
  2. Index Page and All Annexure as specified
  3. Court fee Rs. 500 per one petitioner (Crl petition not required any fees)
  4. Any application like interim etc, cost Rs. 120/- per application
  5. Application seeking permission to argue Rs. 120/- per appearance
If the public has any question on the aforesaid article, need related case laws and citations feel free to write. Junior advocates who are trying to take practice in High courts are advised to check the appropriate court procedures before any questions.

Written By: Ravikumar Vellingiri B.A.LL.B (Hons) - Social worker & Human Rights Pledge
Email: [email protected]

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