A formal written order handed down by a judicial authority with the necessary authority is known as a writ petition. The word “Writs” refers to an order given in writing in the court’s name. It is a formal document that the court issues directing an individual or organization to carry out a particular conduct or to stop carrying out a particular action or deed.
Writs are granted in India by the High Court pursuant to Article 226 of the Indian Constitution and by the Supreme Court pursuant to Article 32 of the Indian Constitution.
Writ Of Mandamus: About
- A strong judicial remedy that is essential to maintaining the rule of law and guaranteeing the accountability of public servants and authorities is the writ of mandamus. The writ of mandamus is a valuable weapon for legal redress in India, with a rich historical pedigree.
- In common law jurisdictions, it is a remedy that can be used to make sure public authorities or entities follow the law.
- A writ of mandamus may be requested from the Supreme Court or High Court by any person who feels that a person, corporation, government, or inferior court has violated their right to execute a public obligation and who wants to force that party to comply.
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Writ of mandamus in High Court: Conditions to File
In the following circumstances, you could petition for a writ of mandamus in High Court:
- To force a lower court to decide a case that was mistakenly dismissed for lack of jurisdiction.
- To force a lower court to rule on a motion, such as an after-conviction motion, that was submitted a long time ago, and no action was taken.
- To order the production of documents following the filing of a public records request.
- To order the production of information to you by a public defender or attorney assigned by the court.
- To compel you to receive credit for time served from the Department of Corrections.
Writ of mandamus in High Court: Procedure to File
The application process for submitting a writ of mandamus in India consists of the following steps:
Drafting the Case Details with Legal Assistance
With legal assistance, the petitioner must write a comprehensive document outlining the case’s facts, emphasizing the infringement of his rights, making compelling arguments, and explaining why the High Court should exercise its discretion in granting the writ of mandamus.
Submission of the Writ Petition
The party requesting the writ, files the Writ of mandamus in High Court to begin the process. The petition serves as a request for permission to submit an appeal.
Justification for Filing the Writ Petition
The petitioner must provide a detailed justification for the writ request.
Grant of the Petition for Writ of Mandamus
If the High Court determines that the case requires special consideration, it will grant the writ petition for certiorari.
Presenting Before the Court along with the Decision
On the day the court sets for the hearing, the parties will come before the court and make their cases known. Furthermore, the court makes its ruling following the hearing of arguments from both parties.
Writ of mandamus in High Court: Template
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