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Is a WRIT Petition maintainable if it is filed AGAINST PRIVATE PARTY
19-Jul-2023 (In Supreme Court Law)
I have gone through the Constitution of India back & forth, more emphatically the Articles 226 & 227. "Nowhere" in the entire Constitution, it is said that the Writ against a Private Party is not maintainable. And, "nowhere" in the entire Constitution, it is said that a Writ Petitioner should first exhaust the alternative remedy. Even the Parliament is not expected to amend or misinterpret certain parts of the Constitution. Therefore, can anyone misinterpret the Constitution, contrary to it's original meaning, perhaps for his/her personal comfort? Can someone answer, please?
Your query raised many igood and important questions but unfortunately all are clogged into one.
However they have to be dealt individually.
Writ petition is maintainable against private person subject to certain conditions.
It is a good strategy to exhaust all remedies first before coming under 226/227. Otherwise it will block other remedies.
In respect to personal interests it is not good to opine without considering facts at hand.
Thanking you.
However they have to be dealt individually.
Writ petition is maintainable against private person subject to certain conditions.
It is a good strategy to exhaust all remedies first before coming under 226/227. Otherwise it will block other remedies.
In respect to personal interests it is not good to opine without considering facts at hand.
Thanking you.
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Adv. Shikhar Garg
Delhi | 100+ Answers
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Hello client
As your question is cocern about yhe maintainaibility of writ againast the private party is totally and absolutely not possible and not at all maintainable .but writ petition can be made maintainable through some triks by which the will get the maintainaibiliy.
As your question is cocern about yhe maintainaibility of writ againast the private party is totally and absolutely not possible and not at all maintainable .but writ petition can be made maintainable through some triks by which the will get the maintainaibiliy.
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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The writ jurisdiction of Supreme Court and High Courts can be invoked only against the Government department only. However there has been a change in judicial decisions and now the court sees the functions that the body is discharging.
That as far as your second query is concerned , the normal rule is that you cant invoke writ jurisdiction of the court unless you exhaust all of the remedies available to you. However there are exception to this rule as well and it depends on case to case.
That as far as your second query is concerned , the normal rule is that you cant invoke writ jurisdiction of the court unless you exhaust all of the remedies available to you. However there are exception to this rule as well and it depends on case to case.
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Adv. Abhishek Bhardawaj
Delhi | 25+ Answers
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