Drafting of Writ Petition

Submitted by:

Divya Raunak (2119), B.A., LL.B. (Hons)

Submitted to:

DR. B.R.N. SHARMA

ASST. PROFESSOR OF LAW

This final draft is submitted in the fulfillment of the topic “Drafting of Writ
Petition”

Chanakya National Law University, Patna

 ACKNOWLEDGENT

I would like to thank my faculty Dr. B.R.N. Sharma, whose assignment of such a pertinent
topic made me work towards knowing the subject with a greater interest and enthusiasm and
moreover he guided me throughout the project.

I owe the present accomplishments of my project to my friends, who helped me immensely

with sources of research materials throughout the project and without whom I couldn’t have
completed it in the present way.

I would also like to extend my gratitude to my parents and all those unseen hands that helped
me out at every stage of my project.

THANK YOU!

NAME-DIVYA RAUNAK

ROLL NO. - 2119

8th Semester (B.A., LL.B.)

 DECLARATION

I hereby declare that the work reported in the B.A., LL.B. (Hons.) project report titled
“DRAFTING OF WRIT PETITION” submitted at Chanakya National Law University Patna,
is an authentic record of my work carried under the mentorship of Dr. B.R.N. Sharma. I have
not submitted this work elsewhere for any other degree or diploma. I am fully responsible for
the contents of my project report.

DIVYA RAUNAK

Chanakya National Law University

1. introduction.........................................................................................................................7
Writ: Meaning and Definition................................................................................................7
Types of writs.........................................................................................................................7
How to file a writ petition?...................................................................................................10
2. Format of writ petition......................................................................................................11
3. Model draft 1.....................................................................................................................16
4. Model draft 2.....................................................................................................................19
5. Model draft 3.....................................................................................................................22
6. conclusion..........................................................................................................................24
 RESEARCH METHODOLOGY

Doctrinal Research-- The researcher proposes to undertake doctrinal research methodology

in order to collect qualitative data to complete the project. The doctrinal research includes the
use of literary source.

AIMS AND OBJECTIVES

1. To understand the concept of writ jurisdiction in India.

2. To find and understand the format of drafting a writ petition.

RESEARCH QUESTIONS

1. What is writ petition?

2. What is the format of drafting writ petition?

The researcher proposes to undertake doctrinal research methodology in order to collect

qualitative data to complete the project. The doctrinal research includes the use of literary
source.

SOURCES OF DATA

The sources of this research will include both primary and secondary data.
 LIMITATIONS

Lack of access to content on subject matter and time served as two biggest limitations for
the research.
 1. INTRODUCTION

The Constitution of India provides various rights to the citizens of India. One of the most
essential rights for the intellectual and moral development of citizens of India are
fundamental rights. 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. It is required that these rights should be protected.
In order to protect these essential rights, Article 32 and Article 226 of the Indian Constitution
provides remedies and enforcement of rights mentioned under Part – III. Article 32 and
Article 226 provides 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 violated1.

Writ: Meaning and Definition

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.

Types of writs

The Constitution of India, under Article 32 and Article 226, provides five types of writs to the
citizens of India. These writs have different meanings and applications. They are:

1. Habeas corpus

The term habeas corpus means ‘you may have the body of’. This writ can be used when a
person is illegally detained. 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.
A writ of habeas corpus can be filed under the following circumstances:
i. When a person is detained but is not produced before the magistrate within 24 hours
of arrest, excluding the time consumed in travelling.
ii. When a person is arrested even when he has not violated any law.
iii. When a person is arrested with a malafide intention.
1
icsi.edu/media/portals/126/pdf/Specimen%20Form%20of%20a%20Writ%20Petition.pdf
The writ of habeas corpus cannot be filed under the following circumstances:

i. When the person or authority against whom the writ of habeas corpus is filed is not
within the territorial jurisdiction of the court.
ii. Where the detention of a person is in accordance with the law.

2. Mandamus

The term mandamus means ‘we command’. It is generally a command which is issued by the
court to a public servant asking him to perform his duty, which he has failed to do so. The
writ of mandamus can also be issued against a corporation, an inferior court or a government
body for the same reason, i.e., they failed to perform their official duties.

There are certain circumstances under which writ of mandamus cannot be filed:
i. The writ of mandamus cannot be issued against the President of India and the
Governor of State. Under Article 361 of the Indian Constitution, the President and the
Governor of State do not have to answer any court for the performance of their
official duties.
ii. The writ of mandamus cannot be issued against the judges of the High Court and the
Supreme Court for the non-performance of their duties in a judicial capacity.
iii. The writ of mandamus cannot be granted against a private individual or private
organization.

3. Certiorari

The term certiorari means ‘certified or to be informed’. It is generally issued by a higher

court to a lower court either to transfer the pending case to a higher authority or squash the
judgement passed. In the year 1991, the Supreme Court ruled that the writ of certiorari can
also be issued against administrative authorities if their judgements are violating the rights of
an individual.
In the case of Hari Vishnu vs Ahmed Ishaque, 1995, the court held that an error in the
decision or determination itself may also be amenable to a writ of “certiorari” if it is a
manifest error apparent on the face of the proceedings.

The writ of certiorari can be issued under the following conditions:

 i. There must be a court that has the authority or have a legal right to act judicially.
ii. If the judgement by any inferior court is against the laws mentioned under the
Constitution.
iii. If the judgement given by a lower court contains an error.

4. Prohibition

The term prohibition simply means ‘to forbid’. The writ of prohibition can only be issued
against judicial and quasi-judicial authorities. This writ is generally not available against
administrative authorities and private individuals.

It can be issued against a lower court or by a superior court to forbid the act which is
performed outside its jurisdiction at any stage of its proceedings.
5. Quo-warranto

The term quo- warranto means ‘by what authority or by what warrant’. It is generally issued
by a court to enquire the legality or under what authority he is holding that office. It prevents
the illegal holding of a public office by any person.

The writ of quo- warranto cannot be issued against:

i. It cannot be issued against a minister to remove him from his position.
i. It cannot be issued against the chief minister of a state for non-performance of his
constitutional duties.

A writ petition can be filed by any individual whose fundamental rights, mentioned under
Part – III of the Indian Constitution, are violated. It is a protection against the infringement of
fundamental rights.

The application of the writ of Habeas Corpus can be filed by a prisoner who is detained and
also by his/her friends or relatives. It is considered as a power that can force the court to
address the officer who detained the prisoner. If the court finds that the officer is acting
beyond his authority, then the court can order to release the prisoner2.

2
icsi.edu/media/portals/126/pdf/Specimen%20Form%20of%20a%20Writ%20Petition.pdf
How to file a writ petition?

To file a writ petition in either of the courts, a specific procedure needs to be followed:

Firstly, the aggrieved party has to approach a particular organization with necessary
documents like identity proof, residential proof, photographs etc.

Then there is the drafting of the petition with help of a lawyer. The draft includes the name
and address of the aggrieved party along with the facts that lead to the violation of his/her
fundamental rights.

After this process, 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
accordingly3.

3
draft-x.com/writ-petition-under-article-226/
 2. FORMAT OF WRIT PETITION

• Writ petition before HC4:

WRIT OF HEBEAS CORPUS/ MANDAMUS/

PROHIBITION/CERTIORI/QUO WARRANTO

In the High Court of Judicature at ________

Writ Petition No._________

Under Article 226 of the Constitution of India

……………PETITIONER

VERSUS

……………RESPONDENTS

To

The Hon’ble Chief Justice and His Companion Judges of the aforesaid Court.

The humble petition of the petitioner above named respectfully showeth:

1. Facts
2. Question(s) of law
3. Grounds

PRAYER

4
https://main.sci.gov.in/pdf/Forms/writ%20format.pdf
 • Writ petition before SC5:
A. SYNOPSIS AND LIST OF DATES
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 above named.

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

5
https://main.sci.gov.in/pdf/Forms/writ%20format.pdf
 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:

The Writ Petition should be accompanied by:

i. Affidavit of the petitioner duly sworn.

ii. Annexures as referred to in the Writ Petitioner, Rs.2/- per annexure.
iii. 1+5 copies of the Writ Petition are required
iv. Court fee of Rs.50/- per petitioner (In Criminal Matter no court fee is payable)
v. Index (As per Specimen enclosed)
vi. Cover page (as per Specimen enclosed)
vii. Any application to be filed, Rs. 12/- per application
viii. Memo of appearance, Rs. 5/- Court fee. Petitioner-in-person may see a copy of
WP (kept with AR-IB) to have practical knowledge about drafting of petition.
 i. Cover page

IN THE SUPREME COURT OF INDIA

ORIGINAL JURISDICTION

CIVIL WRIT PETITION NO. OF 2005

.....Petitioner

Versus

......Respondent

PAPER-BOOK

FOR INDEX KINDLY SEE INSIDE

FILED BY:

(ADVOCATE FOR THE PETITIONER/

PETITIONER-IN-PERSON)

Filed on:
 ii. Index page

INDEX

SL NO. PARTICULARS PAGES

1. Synopsis and List of Dates

2. Writ Petition along with Affidavit in support
3. Annexure
4. Application if any
 3. MODEL DRAFT 1

In the High Court of Patna

Civil Original (Extra-ordinary) Jurisdiction

Civil Writ Petition No 69 of 2023

In the matter of:

Ram Prasad S/O…Ashok Prasad R/O Mithapur, Patna former employee (Inspector Grade-I) in
the Respondent- Company.

…Petitioner

2. GENTEC Company Ltd., a company wholly owned by the Govt. of India and having its
registered office at New Delhi through its Chairman.

3. Managing Director of the above Company

…Respondent

Civil Writ Petition against the order dated December 16, 2022 passed by the
Managing Director, respondent No. 2 herein, by which the services of the
petitioner as an employee of the respondent-company have been terminated.

May it please the Hon'ble Chief Justice of the High Court of Patna and His Lordship's
companion Judges.

The Petitioner
 MOST RESPECTFULLY SHOWETH:

1. That the petitioner is a citizen of India and is therefore entitled to enjoy all the rights
guaranteed by the Constitution of India.

2. That respondent No. 1 is a company registered under the Companies Act, 1956 having
its registered office at New Delhi

3. The respondent-company is wholly owned by the Government of India and is, thus, an
instrumentality of state as given in Art 12 of the Constitution.

4. That the petitioner was an employee of the respondent-company, having been

appointed as a Sub-Inspector Grade-I on December 16 th 2012 and he continued to
work, earning one promotion also.

5. That on December, 16th 2022 respondent No. 2 herein abruptly issued the impugned
order dated December, 16th 2022 terminating the services of the petitioner and the
petitioner came to be relieved of his duties the same day. A copy of the impugned
order is annexed hereto and marked as ANNEXURE-1.

6. That on a bare reading of the impugned order it becomes clear that the order has been
issued on the basis of some alleged misconduct on the part of petitioner, but no inquiry
under the relevant rules has been held before the passing of the order.

7. That the petitioner has not committed any act that could be termed to be an act
constituting misconduct.

8. The impugned order is being assailed on the following, amongst other,

GROUNDS

8.1.That the petitioner being a permanent employee of the respondent-company his services
could not be terminating without holding an enquiry under the rules applicable to the
employees of the company.
 8.2. That the principles of natural justice have been contravened by the respondents in not
giving to the petitioner any opportunity of being heard. any reason and is a non-speaking
order.
8.3. That the impugned order is arbitrary and contravenes Article 14 of the Constitution.

9. That the petitioner has not filed any petitioner other proceedings relating to the matter at
this petition in any other court.

PRAYER

In the facts and circumstances stated above the petitioner prays that a direction in the form
of a writ of quo warranto and mandamus or any other appropriate writ be issued quashing the
impugned order and reinstating the petitioner in service with all consequential benefits
including back wages.

It is further prayed that the respondent be burdened with costs.

PETITIONER
THROUGH

DATED March 13th, 2023

COUNSEL
MR…Divya Raunak
 4. MODEL DRAFT 2

IN THE SUPREME COURT OF INDIA

EXTRA ORDINARY ORIGINAL JURISDICTION

WRIT PETITION (C) NO. 23 OF 2018 (P.I.L)

PUBLIC INTEREST LITIGATION
(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)

IN THE MATTER OF:

1. Ram Prasad

Petitioner No. 1

VERSUS

Union of India

Respondent No. 1

To,
The Hon'ble Chief Justice of India
& His Companion Judges of this Hon'ble Court

Humble civil appeal on behalf of the Appellants above-named:

Most Respectfully Showeth:

1. That the Petitioner is filing the present Writ Petition in Public Interest under Article 32 of
the Constitution of India seeking mandamus to cancell / struck down the contradictory
amendments made by state governments to the State Acts and Rules by destroying basic
structure of the original Central Act, through ordinances under Article 254(2) of the
constitution of India, whereby the basic structure of the Original central Act and Rule has
been changed to give exemption to large categories of projects from consent provisions,
Social Impact Assessment, Objections by affected citizens and participation of local bodies
etc, thereby violated Fundamental right guaranteed to citizens of India under Article 14, 19(1)
(g) and 21 of the Constitution.
2. (1)All Petitioners are Citizens of India. Petitioner No. 1 Ram Prasad is a renowned social
activist. He is residing at Mithapur, Patna. The average annual income of the Petitioner for the
last financial year (FY-2016-2017) is approximately Rs. 12,00,000/- and PAN number is
EOEPRL2119. The Petitioner's National UID number is 22446688.

3. The Case in Brief and facts constituting the cause of action

(1) That Indian Parliament had passed The Right to fair compensation and Transparency in
land acquisition, Rehabilitation and Resettlement Act, 2013 and the Ministry of Law and
Justice had published it through Gazette Notification on September26, 2013. The draft Act,
which replaced an earlier 1894 law, was debated over for almost two years. People's
movements and civil society organisations had analysed that while the new law had several
positive features like consent of landowners or food Security related provisions, it had a few
lacunae.

4. Source of Information: The Petitioner relies on Acts, Amendment Act, Rules and
Amendment Rules passed by Parliament, published in Official Gazette through ordinances by
the Central Government, Acts, amendment Acts, Rules and Amendment Rules passed by the
state governments and published in official gazette, observations of some Newspapers etc as
well as personal knowledge and experience related to Land acquisition Act.

5. Details of Remedies Exhausted: The Petitioners have not approached any court of
authority for remedy against the issues raised in this Petition. That the Petitioner does not have
any alternative equally efficacious remedy other than to approach this Hon'ble Court than by
way of filing this writ petition under Article 32 of the Constitution of India.

6. That the present petition will be beneficial for land owners and farmers India is India as the
amendments in Central Act, Central Rules, State Acts and State Rules are adversely affecting
their fundamental rights.

7. Nature of Personal Interest, if any, of the Petitioner: The Petitioners have no personal
interest in this Petition and it is being filed in Public Interest.

8. That the Petitioners have not filed any other writ petition same or similar to the present writ
petition, neither in this Hon'ble Court nor in any other Court or forum across the land.

9. The Petitioner declares that the issue raised was neither dealt with nor decided by a Court of
law at the instance of the petitioner or to the best of his knowledge, at the instance of any
other person.

10. The Petitioners have not approached any authority for relief for the subject matter of this
petition.

11. That the Petitioner is filing the instant Writ Petition inter alia on the following amongst
other grounds:-

GROUNDS
A. Because central Act 30 of 2013 overrides all state Acts and rules. The amendment made by
states in Land Acquisition Act and Rules through ordinances under Article 254(2) of
constitution conflicting with Central Act and the amendments contradicting the central Act
and State Act are liable to deleted.

B. Because the states cannot use concurrent list used to modify the state Act, if the state Act
conflict with Central Act.

12. GROUNDS FOR INTERIM RELIEF

A. Because the amendments made in Act 30 0f 2013 Act and Rules by the State Governments
is adversely affecting the interest of the farmers of the country, their fundamental rights are
affected and the land is being acquired without their consent by not providing rehabilitation to
them, urgent intervention of this court is necessary.

B. As explained in the main grounds of the Petition, the farmers of the country deserve to get
immediate relief from this Hon'ble Court.

13. MAIN PRAYER

In light of the aforesaid, the Petitioner, therefore, pray that this Hon'ble Court may kindly be
pleased to:

a. Issue a writ of Mandamus or any other appropriate writ, order or direction in the nature
thereof, declaring that the Acts and Rules made by States by amending the original central
Act 30 of 2013 passed by the Parliament, overrides the central act, are illegal and deserves to
struck down;

b. Issue any other appropriate writ, order or direction as the nature and circumstances of the
present case may require;

14. INTERIM PRAYER

In light of the aforesaid, the Petitioner, therefore, pray that this Hon'ble Court may kindly be
pleased to:

a. Issue a writ of Mandamus or any other appropriate writ, order or direction in the nature
thereof, restoring the original central act 30 of 2013 and central rules in all states which have
amended the state / acts rules and should be in force till the present Petition is finally
adjudicated;

b. Issue any other appropriate writ, order or direction as the nature and circumstances of the
present case may require;

AND FOR THIS ACT OF KINDNESS THE APPELLANT AS DUTY BOUND SHALL
EVER PRAY.

FILED BY:

Advocate for the petitioner

Mr Divya Raunak
 5. MODEL DRAFT 3

In the High Court of Judicature at Bombay

Writ Petition No.23/2023

Under Article 226 of the Constitution of India

Ram Prasad ……………PETITIONER

VERSUS

State of Bihar ……………RESPONDENTS

To

The Hon’ble Chief Justice and His Companion Judges of the aforesaid Court.

The humble petition of the petitioner above named respectfully showeth:

PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA

1. The petitioner respectfully submits as follows:

2. That the petitioner is a resident of Nawada, Bihar and is facing significant and
persistent difficulties in accessing essential public services such as healthcare,
education, and basic infrastructure.
3. That despite repeated complaints to the local authorities, the situation has not
improved, and the petitioner feels that their fundamental rights as a citizen are being
violated.
 4. That the petitioner believes that the local authorities have not fulfilled their duties and
responsibilities to provide these essential services, and that they are discriminated
against based on their social and economic background.
5. That the petitioner has exhausted all possible remedies available to them and,
therefore, seeks the intervention of this Hon'ble Court.
6. That the petitioner is seeking a writ of mandamus from this Hon'ble Court, directing
the respondent to take immediate and effective measures to address the petitioner's
grievances and ensure that they receive the necessary public services as guaranteed by
the Constitution.
7. That the petitioner also requests other reliefs, such as a writ of certiorari to quash any
decisions or actions of the authorities that have contributed to the current situation, or a
writ of prohibition to prevent the authorities from continuing to violate the petitioner's
rights.
8. That the petitioner submits that this Hon'ble Court has the power and jurisdiction to
entertain this petition under Article 226 of the Constitution of India.
9. That the petitioner has not filed any other writ petition before any other court or
authority in respect of the subject matter of this petition.

PRAYER
In view of the above facts, the petitioner respectfully prays that this Hon'ble Court may be
pleased to:
a) Issue a writ of mandamus directing the respondent to take immediate and effective
measures to address the petitioner's grievances and ensure that they receive the necessary
public services as guaranteed by the Constitution.
b) Issue any other appropriate writ, order or direction as this Hon'ble Court may deem fit and
proper in the circumstances of the case.
c) Award the costs of this petition to the petitioner.
d) Pass any other order or orders as may be deemed fit and proper in the circumstances of the
case.

PETITIONER THROUGH COUNSEL

Mr Divya Raunak
 6. CONCLUSION

The Supreme Court and the High Courts can issue various types of directions, orders or warrants.
These directions, orders or warrants are called writs. A petition to issue a writ can be filed under
Article 32 of the Indian Constitution in the Supreme Court of India and under Article 226 in any
of the High Courts. Writ petitions play a crucial role in various cases relating to enforcement of
fundamental rights and also in public interest litigation.
The Constitution of India, under Article 32 and Article 226, provides five types of writs to the
citizens of India. These writs have different meanings and applications. They are writ of habeus
corpus, prohibition, certiorari, mandamus and quo warranto.
A writ petition can be filed by any individual whose fundamental rights, mentioned under Part –
III of the Indian Constitution, are violated. It is a protection against the infringement of
fundamental rights. The application of the writ of Habeas Corpus can be filed by a prisoner who
is detained and also by his/her friends or relatives. It is considered as a power that can force the
court to address the officer who detained the prisoner. If the court finds that the officer is acting
beyond his authority, then the court can order to release the prisoner.
The formats of the writ petition are available on the sites of SC and individual HC. The petition
should be drafted strictly adhering to the format for effective remedy.
 BIBLIOGRAPHY

BOOKS
 V.N. Shukla, Constitition of India (13th ed. 2017), EBC

WEBSITES REFERRED
 main.sci.gov.in/pdf/Forms/writ%20format.pdf
 draft-x.com/writ-petition-under-article-226/
 blog.ipleaders.in/writ-petitions-india-file/
 icsi.edu/media/portals/126/pdf/Specimen%20Form%20of%20a%20Writ%20Petition.pdf