What is Writ and How to File Writ Petitions?

The power to issue a writ petition in India is primarily provisioned to protect the fundamental rights of citizens and these constitutional remedies are equally applicable to every citizen. There are five types of Writ Petition in the Indian Constitution, any person can use those remedies to save their fundamental rights and file a petition in the High Court or Supreme Court. In India, the right to submit a writ application is generally granted to individuals who believe that their fundamental rights are being violated or have been unlawfully detained. In specific situations, even friends or relatives can submit a writ application, such as a writ of habeas corpus, on behalf of the person who is allegedly being held unlawfully. The power to issue writs in India is derived from Article 32 of the Constitution, which empowers the Supreme Court, and Article 226, which grants similar authority to the High Courts.

They are often heard on a priority basis, ensuring justice is not delayed, especially in cases where Fundamental Rights are at stake. The Palma notice is for circumstances that are obvious the appeals court needs to act. V. Superior Court (2012) 204 Cal.App.4th 326, the public guardian applied for an order authorizing her to consent to the amputation of a conservatee’s toe without a finding there was a medical necessity to do so. The lower court ordered the amputation based on a declaration without any testimony or opportunity to cross-examine. On the day of trial, the defense moved in limine to prohibit the doctor from testifying due to his failure to review plaintiff’s past medical records.

Quo Warranto

Therefore, a writ petition of habeas corpus once dismissed by the High Court under Article 226 can also be filed under Article 32 Before the Supreme Court on the same facts but in the same High Court as a successive application is allowed. In this case it was held by the Supreme Court of India that even a wrongful decision of the High Court on question of law relating to the facts in issue will operate as res judicata. Only condition requisite for applying the principle of res judicata is that the matter adjudicated must be decided on the merits of the case. If the matter was dismissed in limine then the principle of res judicata will not bar filing of fresh petition. For example, a non- speaking order of dismissal will not operate res judicata.

It is remedy which makes the right real and that’s why our constitutional makers had incorporated Article 32 for their enforcement and also made it a fundamental right. Article 32 guarantees the right to move to the Supreme Court and authorized the Court to issues order or WRIT for the enforcement of the rights. 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.

Where Can a Writ Petition be Filed?

Also, some statutes provide that the only appellate remedy is by writ petition. For example, the grant or denial of a motion to expunge a lis pendens, as set forth in Code of Civil Procedure section 405.39, or the grant or denial of motion for change of venue as set forth in section 400. The summary judgment statute, Code of Civil Procedure section 437c, specifically states that, even though the grant or denial of summary judgment is appealable, a writ petition challenging an order short of summary judgment must be filed within 20 days after service of written notice of entry of the order.

Exhaustion of alternative remedies before moving to High Court

In the case of Jamalpur Arya Samaj Sabha v. Dr D Rama (AIR 1954 Pat. 297) case, the petitioner filed an application for issuing the writ of Quo Warranto against the Working Committee of Bihar Raj Arya Samaj Pratinidhi Sabha, which was a private body. The High Court of Patna refused to issue the writ of Quo Warranto because it was not a public office. The citizen of India has certain fundamental rights, which has been provided by the Indian Constitution to him.

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1. Curative means possessing the ability to cure and petition means making a written request for judicial action before the court.
2. But now all the high court has the same power to grant the remedy via issuing prerogative writs.
3. Writ petitions are usually filed in cases where someone’s fundamental rights have been violated or when they have been the victim of injustice.
4. In this case the Supreme Court has refused to issue the writ on the ground of futility and held that during the pendency of the proceedings validity period of contract has expired.

Here, the aggrieved party lodges an appeal with a higher court to reassess and potentially reverse the decision. The word prohibition literally means “to forbid.” Only judicial and quasi-judicial authorities may be served with a meaning of writ petition prohibition writ. Generally, this writ is not applicable against administrative bodies or private persons. It may be issued by a superior court against a lower court or by a lower court to prohibit conduct done outside of the court’s jurisdiction at any point throughout the proceedings.

It was held by the court that his infringement of fundamental right under Article 19(1)(g) was entitled to relief under Article 226 of the Constitution. Supreme Court confirm the findings of the High Court of Patan, that cancellation of first two notification by the government is illegal and ultra vires. It was held that in making a reference under section 10(1) by appropriate government is an administrative act and the preliminary step to their function under this section is to form an opinion in regard to the actual existence of industrial dispute. 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. Madras High Court held that writ of mandamus can’t be issued in this case as the temple is under the authority of Tamil Nadu Hindu Religious and Charitable Endowment and there is no demand made by the petitioner to the appropriate authority. Therefore, petitioner is ordered to move an appropriate application before an appropriate authority.

Supreme court have entertained petitions filed by law students, law teachers, NGOs, public-spirited individuals and good Samaritans. 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. The petitioner in this case has deliberately given misstatement of facts in his petition application with an intention to mislead the court and on the same misstatement obtained a rules of nisi prohibiting the state from taking certain actions. Misstatement by the petitioner is itself a sufficient ground for refusing the writ petition.whereas, a mere mistake in the name of the parties by the person filing the petition does not affect its maintainability. Therefore, Allahabad High Court held that the alternate remedy available before the petitioner is not an adequate one hence, writ jurisdiction can’t be refused and he can seek relief by way of writ petition under Article 226. Also for the protection of any right created by statute conferred on poor and disadvantaged people of contrary that require protection vigorously as fundamental rights.