Writ Petition

What is Writ Petition?

A writ means an order that is issued under an authority. Therefore, a writ can be understood as a formal order issued by a Court. 

A writ petition is an application filed before a Court, requesting to issue a specific writ.

Why is Writ Petition required?

A writ is used to implement Article 32 and Article 226 that provide the right to move to the Supreme Court and the High Court respectively through appropriate proceedings. This right can be availed by any person whose fundamental rights are violated.

What should a Writ Petition cover?

A writ covers the details of the aggrieved person including their name and address, the facts of the case, the grounds on which the writ is being filed and the prayer, i.e., the remedy sought by the petitioner.

Format for Writ Petition

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FORMAT OF WRIT PETITION





A SYNOPSIS AND LIST OF DATES (Specimen enclosed)





B FROM NEXT PAGE





IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION





CIVIL WRIT PETITION NO. OF 2005





IN THE MATTER OF





.....Petitioner





versus





....Respondents





PETITION UNDER ARTICLE OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF





  UNDER ARTICLE OF THE CONSTITUTION OF INDIA.





To





Hon'ble The Chief Justice of India and His Lordship's Companion Justices of the Supreme Court of India. The Humble petition of the Petitioner abovenamed.





MOST RESPECTFULLY SHEWETH :





1. Facts of the case





2. Question(s) of Law





3. Grounds





4. Averment:-





That the present petitioner has not filed any other petition in any High Court or the Supreme Court of India on the subject matter of the present petition.





PRAYER





In the above premises, it is prayed that this Hon'ble Court may be pleased: (i) .............





(ii) to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.





FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL AS INDUTY BOUND, EVER PRAY.





FILED BY: PETITIONER-IN-PERSON





DRAWN: FILED ON:





C. The Writ Petition should be accompanied by:





(i) Affidavit of the petitioner duly sworn. (ii)Annexures as referred to in the Writ Petition.





(iii) Court fee of Rs.500 per petitioner (In Crl. Matter no court fee is payable)





(iv) Index (As per Specimen enclosed)





(v) Cover page (as per Specimen enclosed)





(vi) Any application to be filed, Rs.120/- per application.





(vii) Memo of Appearance.





(viii) Application seeking permission to appear and argue in person (in case of petition filed by petitioner-in-person), Court fee Rs.120/-





I N D E X





Sl. No. PARTICULARS PAGES





1. Synopsis and List of Dates





2. Writ Petition alongwith Affidavit in support





3. Annexures





4. Application if any

 





IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION





CIVIL WRIT PETITION NO. OF 2005

 





.....Petitioner





Versus





......Respondent P A P E R - B O O K





FOR INDEX KINDLY SEE INSIDE

 





FILED BY:

 





(ADVOCATE FOR THE PETITIONER/ PETITIONER-IN-PERSON)





 





Filed on:

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Documents Required for Writ Petition

(i) Affidavit of the petitioner duly sworn. (ii)Annexures as referred to in the Writ Petition.

(iii) Court fee of Rs.500 per petitioner (In Crl. Matter no court fee is payable)

(iv) Index (As per Specimen enclosed)

(v) Cover page (as per Specimen enclosed)

(vi) Any application to be filed, Rs.120/- per application.

(vii) Memo of Appearance.

(viii) Application seeking permission to appear and argue in person (in case of petition filed by petitioner-in-person), Court fee Rs.120/

Procedure for Writ Petition

The draft of the petition is sent to the court. Then the date of hearing will be set and on this date the court accepts the petition and generates a notice to the other party. After this, a date is given to assure the presence of both the parties.

Finally, after hearing both the parties, the court gives judgement and grants relief accordingly.

Legal Considerations for Writ Petition

There are no legal considerations as such involved in the filing of a writ petition. A person must ensure that the draft of the writ petition is proper and does not lack any legal technicalities. Every supporting document must also be taken care of.

How can a lawyer help to draft Writ Petition?

A writ petition is possibly the most complex document and it is essential to take help of a civil lawyer in this matter. An expert lawyer will help you draft the petition skillfully and ensure that your violated rights are restored. A lawyer will also look after the complex court procedure and associated documents.

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