What is a Writ Petition And how do you file one in Court?

Under Article 227 of the Constitution, the High Court can not issue a writ of certiorari. Article 227 of the Constitution imposes power in the High Courts of superintendence which is to be very rarely exercised, only to keep tribunals and courts within the bounds of their authority. In this case the question on which the jurisdiction industrial tribunal decided was whether the dispute is an industrial dispute or an non- industrial one?

  • In India one can file writ under Article 32 in the Supreme Court and under Article 226 in the High Court.Article 32 and Article 226 of the Indian constitution elaborate on the process and meaning of the writ petition.
  • By the use of this writ, the court directs the person detained to be brought before the court to examine the legality of his detention.
  • Availability of an alternate remedy does not create an absolute bar on issuance of a writ of prohibition.
  • After that Bata co. and its workmen filed two separate application before the High Court under Article 226 and 227 for quashing the third notification claiming it be illegal and “ultra vires”.
  • For the same reason, a writ of mandamus may be issued against a corporation, an inferior court, or a government entity that has failed to fulfil its official responsibilities.

Therefore court find more appropriate to issue a writ of mandamus against the ultra vires act of the appellant in respect of third impugned notification. Supreme Court held that high court has the power to issue writs of mandamus in case the authority or government body has failed to exercise their discretionary duty or has wrongly exercised the discretionary conferred on them by the statue. Held- Court will not interfere on the question of malafide unless it is proved by the petitioner that the authorities have used their power in a mala fide manner or the grounds of his detention are not justified. It is also declared by the court that though the provisions of the act are harsh or rigid, but those do not take away the rights provided under chapter III, Article 21 and 22 of Indian, therefore provision of preventive detention act can’t be held illegal or ultra vires and impugned order was upheld by the court. For Proper consideration, with this Writ of Certiorari, the Apex court can transfer of the matter to it or superior authority. People can issue the Writ of Certiorari against the lower / inferior court or tribunal.

These rights are mentioned under Part – III of Indian Constitution including rights to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights and right to constitutional remedies. Merely stating these rights under the constitution and providing them to the citizens of India is not sufficient. More often, the petition or complaint is the first in a series of hearings, which may be resolved only to be appealed to a higher court. When a petition is filed, the plaintiff and defendant are given the opportunity to settle the case privately or use an alternative dispute resolution (ADR) process rather than going to trial.

Divorce procedure in India

While the proceedings of these two references  were pending before the tribunal, the government of Bihar issued third notification on september,1955. By this third notification government proposed to supplant the two earlier notifications, by which it combined https://1investing.in/ the two disputes together, ad bata mazdoor union to the dispute and refer it for adjudication before the tribunal. Question involved in the referred dispute was regarding justification of dismissal of 60 workmen, and for what relief they are entitled to?

Writs were developed over time as a way for authorities—legal and otherwise—to direct others to perform specific actions. This means that a modern-day writ provides an order from a higher to a lower court, from a court to an individual or other entity, or from a government agency to another party. The writ may command the named party to take some form of action or it may prevent that party from continuing to act or operate in a certain way. Present-day courts also use writs as a way to give extraordinary relief or to provide rights to appeal court decisions. In other cases, they give authorities such as sheriffs the right to make property seizures.

In 1999, the Woolf Reforms unified most of the procedures of the Supreme Court and the county courts in civil matters. Under these, almost all civil actions, other than those connected with insolvency, are now commenced by the completion of a ‘Claim Form’ as opposed to the obtaining of a ‘Writ’, ‘Originating Application’, or ‘Summons’ (see Rules 7 and 8 of the Civil Procedure Rules). Over time, opposition to the creation of new writs by the Chancery increased. The solicitor would then hire a barrister to speak for his client in court.

In this instance, the court was found to have the authority and duty to protect the inmates from this heinous behaviour, and that it may utilise the habeas corpus writ to impose jail humanism. In All India Tea Trading Co. v. S.D.O. (AIR 1962 Ass 20) case, the Land Acquisition Officer erroneously refused to pay the interest on compensation amount. A writ of mandamus was issued against the Land Acquisition Officer directing him to reconsider the application for the payment of interest.

The appellant raised the point that the tribunal was not properly constituted as the chairman of the tribunal conducting the inquiry of his case is arguing the matter on behalf of the opposite party and will clearly be assumed and believed that there must be some bias. The tribunal given its judgment on which appellant was convicted and therefore he filed an appeal before the supreme court for issuing a writ of certiorari to quash the judgment of tribunal. It is a great corrective writ by which superior court may exercise supervisory power on inferior courts and judicial or quasi-judicial tribunals. By exercising such power their records and proceedings are brought under review and the sole object become to prevent abuse of law. But in case the proceedings have ended then seeking for prohibition will be too late and writ of certiorari must be a proper remedy for quashing.

Dictionary Entries Near writ

It is an English-developed system that many other countries have since adopted. It has been demonstrated throughout history to be a crucial legal tool for defending an individual’s freedom from capricious state action. Usually, one shall file a writ petition against any of state and government agencies. But, one is also entitled to issue a writ against private authorities when proven to be discharging public functions. This is the whole procedure followed by the writ courts to lodge a writ petition by any person whose fundamental rights are being infringed by any judicial or quasi- judicial order, direction or judgement.

Refiling of writ petition on the same issue with new facts

In the given case it was held by the supreme court that whenever a person is convicted of a criminal charge and sentence of his conviction is passes by the criminal trial court then such detention can’t be challenged on the ground of the erroneousness of the conviction. The « prerogative » writs are a subset of the class of writs, those that are to be heard ahead of any other cases on a court’s docket except other such writs. The most common of the other such prerogative writs are habeas corpus, quo warranto, prohibito, mandamus, procedendo, and certiorari. Before 1891, the Supreme Court was required to hear and issue a decision on almost every case that was appealed to it by the local courts. As the United States grew, the federal judicial system was strained and the Supreme Court soon had an insurmountable backlog of cases.


Rule 10 of the Supreme Court Rules lists the criteria for granting certiorari and explains that the decision to grant or deny certiorari is discretionary. A decision to deny certiorari does not necessarily imply that the higher court agrees with the lower court’s ruling; instead, it simply means that fewer than four justices determined that the circumstances of the decision of the lower court warrant a review by the Supreme Court. The Court’s orders granting or denying certiorari are issued as simple statements of actions taken, without any explanations given for denial.

Writ of mandamus is not a writ of right and a person invoking the special jurisdiction of the court, for the extraordinary remedy by way of a writ was required to be diligent. Therefore, lastly it was held that the writ of mandamus is a discretionary writ. And the charges against the petitioner was such that even if he shows any technical flaw then also one would refuse to interfere.

Based on the area where the problem arose, the appropriate court (High Court or Supreme Court) to file the writ petition is decided. A lawyer can guide you with the place of filing and can also help you with the filing while saving you from the tedious process of applying to court. The word quo- warranto refers to the authority or warrant used to make a decision.

A writ of mandamus is an order from a court to compel someone to take a particular action. For example, a writ of mandamus could be used to force a public official to perform their duties or to compel a government agency to take action. Writs of mandamus are typically used when all other methods of resolution have failed.

The court on the date of hearing will acknowledge the petition and will send a notice to the other party. After that, the court will decide on a date for hearing when both the party will be available. The court will then finally consider all contentions in the petition and then will provide assistance to the party. Generally speaking, it is permissible for someone who is allegedly being held unlawfully to submit an application. However, in some particular situations, anyone else—a friend or relative—can file a Habeas Corpus application on behalf of the person who is being held.

Supreme Court (Article

Mandamus is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty. This writ of command is issued by the Supreme Court or High Court when any government, court, corporation, or public authority has to do a public duty but fails to do so. A writ is an instrument or order of the court by which the Court (Supreme Court or High Courts) directs an individual or an official or authority to do an act or abstain from doing an act. A person seeking such an order can file a petition in the respective court which is known as a writ petition.

The writ of certiorari can be issued by the Supreme Court or any High Court for quashing the order already passed by an inferior court, tribunal, or quasi-judicial authority. There are several conditions necessary for the issue of a writ of certiorari. Under Article 226, a writ petition can be filed before any High Court within whose jurisdiction the cause of action arises, either wholly or in part. It is immaterial if the authority against whom the writ petition is filed is within the territory or not. The power of the High Court to issue a writ is much wider than that of the Supreme Court.

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