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HC Reply Writ Petition  BEFORE THE HON'BLE HIGH COURT OF ----AT ------I CWP No.: _____ Petitioner  Versus Respondents  Reply on behalf of the respondent No. _____________________ to the Civil Writ Petition filed under Articles 226/227 of the Constitution of India. Respectfully Sheweth: Preliminary Submissions/Objections: 1. That no fundamental or constitutional right whatsoever of the petitioner has been infringed and as  such the writ petition is not maintainable. ______ _________________________2. That the Writ Petition is not maintainable and the petitioner has no locus stand to file the Writ  Petition. _____________________________________________ Reply on Merits 1. That the contents of this para of the Writ Petition are not denied to the extent that the petitioner is a  citizen of India. However, it is submitted that the petitioner is not entitled to file or maintain this writ  petition before this Hon'ble Court.   ___________________________________2. That the contents of this para of the Writ Petition are wrong and denied.   ___________________3. That the contents of this para of the Writ Petition are wrong and denied.  4. That the contents of this para of the Writ Petition are wrong and denied.  5. That the contents of this para of the Writ Petition are wrong and denied.  6. That the contents of this para of the Writ Petition are wrong and denied.  7. That the contents of this para of the Writ Petition are wrong and denied.  8. That the contents of this para of the Writ Petition are wrong and denied.  9. That the contents of this para of the Writ Petition are wrong and denied.  10. That the contents of this para of the Writ Petition are wrong and denied.  11. That the contents of this para of the Writ Petition are wrong and denied. __ 12. It is, therefore, most respectfully prayed that the writ petition is lacking of material substance and is  false, frivolous and vexatious and this writ petition deserves to be dismissed and may be dismissed in  the interest of justice with costs. Chennai Replying Respondent No._____ ____________________ Through, Advocate  BEFORE THE HON'BLE HIGH COURT OF TN AT CHENNAI CWP No.: ______ Petitioner  Versus Respondents  Affidavit in support of reply on behalf of the replying respondent No. _______________ to the Writ Petition I,_________________________________________, do hereby solemnly affirm and declare as under:- 1. That the accompanying reply has been drafted under my instructions. 2. That the contents of paras 1 to _____ of preliminary submissions and paras 1 to _____ of the reply on  merits are correct and true to the best of my knowledge and contents of paras _____ to ______ are  correct as per the legal advice. 3. That I further solemnly affirm and declare that this affidavit of mine is correct and true, no part of it is  false and nothing material has been concealed therein. Affirmed here at Chennai this ______. Deponent  Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/)

HC Writ Ex service man extended benefits  IN THE HON'BLE HIGH COURT OF TN AT CHENNAI CWP No:_____ of 2004 Petitioner  Versus Respondents  CIVIL WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR APPROPRIATE WRIT, ORDER OR DIRECTIONS TO THE RESPONDENTS  Chennai Petitioner ______ Through, Advocate Respectfully Sheweth; (1) That your Lordship's humble petitioner is a citizen of India and on the grounds hereinafter mentioned is entitled to file and maintain the present writ petition before this Hon'ble Court. (1) That __  GROUNDS (2) That the petitioner is invoking the extra-ordinary jurisdiction of this Hon'ble court and seeking indulgence on the following grounds amongst other each one of which is without prejudice to and independent of other: - (a) That such an act of omission and commission on the part of the respondent whereby they have __________, is illegal, arbitrary, malafide, discriminatory, and against the well-established principles of natural justice as well as violative of the mandatory provisions of the Constitution of India.  (b) That   ________________ (c) That the impugned act of the respondent is against the well settled principles of law laid down by the Hon'ble Supreme Court and this Hon'ble court in catena of cases. (3) That the petitioner has no other speedy and efficacious remedy available except to approach this Hon'ble court by way of the present writ petition. (4) That the petitioner has not filed any other writ petition on same or similar grounds either before this Hon'ble court or before the Supreme Court of India. (5) That the petitioner, therefore, prays that an appropriate writ, order or directions be issued for the following reliefs:- (a) Quash the impugned order ; (b) Direct the respondents  (c) Direct the respondents to produce all the relevant records along with reply for perusal by this Hon'ble court; (d) Allow the cost of this writ petition to the petitioner, and; (e) Allow such other relief or pass such other orders as deemed fit and proper in the facts and circumstances of the case in favour of the petitioner and justice be done.  AND FOR THIS ACT OF KINDNESS, THE HUMBLE PETITIONER AS IN DUTY BOUND, SHALL EVER PRAY. Chennai Applicant ______ Through, Advocate  IN THE HON'BLE HIGH COURT OF TN AT CHENNAI CWP No:_____ of 2004 Petitioner  Versus Respondents  Affidavit in support of the Civil Writ Petition under Articles 226/227 of the Constitution of India. I, _____ , do hereby solemnly affirm and declare as under:- 1. That the accompanying writ petition has been prepared under my instructions.2. the contents of paras 1 to ______ of the accompanying writ petition are correct and true to the best of my knowledge. 3. That I further solemnly affirm and declare that this affidavit of mine is correct and no part of it is false and nothing material has been concealed therein. Affirmed at Chennai this the _____ . Deponent  IN THE HON'BLE HIGH COURT OF TN AT CHENNAI CMP No.:_____ of 2004 in CWP No:_____ of 2004 Petitioner/Applicants  Versus Respondents/Non-Applicants  Application Under Rule 2 of the Writ Rules for dispensing with Seven days notice of motion Respectfully Sheweth: 1. That the petitioner/applicant has filed the above mentioned writ petition in this Hon'ble court. 2. That on perusal of the allegations made in the writ petition and the documents attached therewith it is evident that the matter is of urgent nature and dispensing with of seven days notice is essential in the interest of justice. 3. It is, therefore, prayed that this application may be allowed and seven days notice of motion dispensed with and writ petition be listed immediately. Chennai Applicant ______ Through, Advocate  IN THE HON'BLE HIGH COURT OF TN AT CHENNAI CMP No.: ______of 2004 in CWP No:______ of 2004 Petitioner/Applicant  Versus Respondents/Non-Applicants  Affidavit in support of the application under Rule 2 of the Writ Rules. I, ______, do hereby solemnly affirm and declare as under: - 1. the accompanying application has been prepared under my instructions. 2. the contents of paras 1 to 3 of the accompanying application are correct and true to the best of my knowledge. 3. I further solemnly affirm and declare that this affidavit of mine is correct and no part of it is false and nothing material has been concealed therein. Affirmed at Chennai this the ______. Deponent  IN THE HON'BLE HIGH COURT OF TN AT CHENNAI CMP No.: ______of 2004 in CWP No: ______of 2004 Petitioner/Applicant  Versus Respondents/Non-Applicants  Application Under Section 151 of CPC for Ad interim orders Respectfully Sheweth: 1. That the petitioner/applicant has filed the above mentioned writ petition in this Hon'ble court. 2. That on perusal of the allegations made in the writ petition and the documents attached therewith it is evident that the petitioner/applicants have prima facie a very good case in their favour and the writ petition is likely to succeed. The Balance of Convenience is in favour of the petitioners/applicants. 3. That the interest of justice demands that during the pendency of the writ petition  4. It is, therefore, prayed that this application may be allowed and in the interest of justice. Such other orders may also be passed in favour of the petitioners as deemed fit and proper by this Hon'ble court in the facts and circumstances of the case. Chennai Applicant ______ Through, Advocate  IN THE HON'BLE HIGH COURT OF TN AT CHENNAI CMP No.: _____ of 2004 in CWP No:_____ of 2004 Petitioner/Applicant  Versus Respondents/Non-Applicants  Affidavit in support of the application Under Section 151 of CPC I, _____, do hereby solemnly affirm and declare as under: - 1. That the accompanying application has been prepared under my instructions. 2. That the contents of paras 1 to 4 of the accompanying application are correct and true to the best of my knowledge. 3. That I further solemnly affirm and declare that this affidavit of mine is correct and no part of it is false and nothing material has been concealed therein. Affirmed at Chennai this the _____. Deponent  BEFORE THE HON'BLE HIGH COURT OF TN AT CHENNAI Case No: _______ of 2004 Petitioner  VERSUS Respondents  KNOW ALL TO whom these presents shall come that I/We ____________ the above named PETITIONER/RESPONDENT do hereby appoint: - ____________________________ to be the advocate for the ______________________________________ PETITIONER/RESPONDENT in the above mentioned case, to be all following acts, deeds and things or any of them that is to say: 1. To act, appear and plead in the above mentioned case in this Court or any Court in which the same may be tried or heard in the first instance or in Appeal or Letters Patent Appeal or Review or Revision or execution or in any other stage of its progress until its final decision.  2. To present Complaints, Pleadings, O.A., M. A. Appeals, Letters Patent Appeals, Petitions for Appeal to High Court/Supreme Court, Cross-objections or Petition for execution, review, revision withdrawal compromise or other petitions or affidavit or other documents as may be deemed necessary or advisable for the prosecution of the said case in all it's stages.  3. To withdraw or compromise the said case or submit to arbitration any difference or disputes that shall arise touching or in any manner relating to the said cause.  4. To receive moneys and grant receipts thereof and to do all other acts and things which may be necessary to be done for the progress and in course of the prosecution of the said case. 5. To employ and instruct any other Legal Practitioner authorizing him to exercise the powers and authorities hereby conferred on the Advocate whenever he may think fit to do so. AND I/We hereby agree to ratify whatever the advocate or his substitute shall do in the premises. AND I/We hereby agree not to hold the advocate or his substitute responsible for the result of the said cause in consequence of his absence from the court when the said cause is called up for hearing. AND I/We hereby agree that in the event of the whole or any part of the fee agreed by me/us to be paid to the advocate remaining unpaid he shall be entitled to withdraw from the prosecution of the said cause until the same is paid.  IN WITNESS WHEREOF I/We here up to set my/our hands to these presents the contents of which have been explained to me/us and understood by me/us the _______________________.  Accepted Advocate Client  Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.50/- )

Specimen Form of a Writ Petition  In the High Court of…………………… at……………………  Civil Original (Extra-ordinary) Jurisdiction  Civil Writ Petition No…………………… of 2018  In the matter of:  JKL S/o………………  R/o…………………… former employee (Inspector Grade-I)  in the Respondent-Company. …Petitioner  1. XYZ Company Ltd., a company wholly owned by the Govt. of India and having its registered office at…………………… through its Chairman.  2. Managing Director of the above Company …Respondent Civil Writ Petition against the order dated…………………… 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 ………… 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 having its registered office at…………………… The respondent-company is wholly owned by the Government of India and is, thus, an instrumentality of State is given in Article 12 of the Constitution.  3. That the petitioner was an employee of the respondent-company, having been appointed as a Sub Inspector Grade-I on…………………… 2018 and he continued to work, earning one promotion also.  4. That on…………………… 2018 respondent No. 2 herein abruptly issued the impugned order dated………………  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.  5. 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.  6. That the petitioner has not committed any act that could be termed to be an act constituting misconduct.  7. The impugned order is being assailed on the following, amongst other,  GROUNDS  7.1 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.  7.2 That the principles of natural justice have been contravened by the respondents in not giving to the petitioner any opportunity of being heard. 7.3 That the impugned order is otherwise also erroneous and unsustainable, as it does not contain any reason and is a non-speaking order.  7.4 That the impugned order is arbitrary and contravenes Article 14 of the Constitution.  7.5 …………………………………………  7.6 …………………………………………  8. That the petitioner has not filed any petition 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……………………  COUNSEL MR.……………………  The Writ petition must be supported by an affidavit of the petitioner Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.20/-)

Writ Petition seeking Writ of Certiorari in High Court under Article 226 of Constitution to quash order of an order. Format of Writ Petition seeking Writ of Certiorari in the High Court under Article 226 of the Constitution.   A writ of certiorari is a direction to an authority to produce before the Court the records on the basis of which a decision under challenge in the writ petition has been taken. By looking into those records, the Court will examine whether the authority applied its mind to the relevant materials before it took the decision. If the Court finds that no reasonable person could come to the decision in question, it will set aside (quash) that decision and give a further direction to the authority to consider the matter afresh. Sample format of Writ of Certiorari to High Court is given below. This is only body of the Writ Petition. Please include other details also: IN THE HIGH COURT OF DELHI AT NEW DELHICIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. OF 20__(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA) IN THE MATTER OF: 1. Mr. ____________ son of _________Resident of _________                                                     PETITIONERVERSUS1. State of _____Pollution Department                                                      RESPONDENT NO. 1Through its Secretary 2. South Delhi Municipal CommissionerNew Delhi                                                                     RESPONDENT NO. 23. Pollution Control DepartmentNew Delhi                                                                     RESPONDENT NO. 3WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING FOR DIRECTION OR ORDER IN THE NATURE OF CERTIORARI TO THE RESPONDENTS AND QUASH ORDER DATED___ PASSED BY THE RESPONDENT NO. 3.To ,The Hon'ble Chief Justice of High Court,And His Companion Judges of theHon'ble High Court of Delhi. The humble petition of thePetitioner above named. THE PETITIONER MOST RESPECTFULLY SHOWETH: 1. That the Petitioner is filing the present writ petition under article 226 of the constitution of India Praying for direction or order in the nature of Certiorari to the respondents and quash order dated ______ passed by respondent No. 3.   2. That, the Petitioner is a Law abiding Citizen of India and residing the above address.   3. That the Petitioner runs a Coffee Shop in the name and style of Sit and enjoy at ______, New Delhi. 4. The Petitioner has obtained all necessary licenses and permission from the State and local authorities according to the applicable laws of India for conducting his business. 5. That Petitioner held a ______ License No. ______dated____, and has been carrying on this business for the last ten years and has gained a good reputation for his service in India. A copy of the ____ License has been annexed hereunder as ANNEXURE P1. 6. The Petitioner on _____ received a notice from the Respondent No. 3 to show cause and give explanation that why should not his license be revoked for polluting the environment through effluents from Coffee House. The notice also required the Petitioner to produce the license before the Respondent No. 3. A copy of the notice has been annexed hereunder as ANNEXURE P2. 7. The Petitioner pursuant to the notice dated____, submitted his explanation, wherein he stated that he did not pollute the environment from running the coffee shop and effluents from coffee shop is very limited and directly processing it.   8. Thereafter, the Respondent No.3, cancelled the ________ license of the Petitioner without giving proper consideration to the submission of the Petitioner by order dated ___.   8. The Petitioner aggrieved by the impugned order of the Respondent has approach this Hon'ble Court.   9. The Petitioner submits that the order dated ______by Respondent No. 3 are arbitrary and void amongst other.  GROUNDS8. That the present Writ Petition is being filed on the following, amongst other, grounds without prejudice to each other; A. Because Respondent No. 3 have issued cancellation order in violation of the principle of natural justice. B. Because Respondent No. 3 have not applied their minds to the facts of the case. C. Because order dated____ by issued by Respondent No. 3 is in violation of Article 19(1)(g) of the Indian Constitution.PRAYERSIn view of the facts & circumstances stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:- a) Issue a Writ in the nature of Certiorari to the Respondents and quash order dated ____ passed by Respondent No.3; b) Any other relief, order or direction this court may deem fit and proper under the facts and circumstances of this case.AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY. FILED BY:(________________)ADVOCATE FOR THE PETITIONER DRAWN ON:Drawn by: New DelhiDate:    OTHER DOCUMENTS TO BE ATTACHED WITH WRIT OF CERTIORARI PETITION 1. Notice of motion 2. Urgent application 3. Court fee 4. Certificate 5. Synopsis & list of dates 6. Memo of parties 7. Annexure to the Petition including impugned order and relevant other orders 8. Application for exemption from filing certified copies, dim and small font annexures with affidavit. 9. Vakalatnama on behalf of the petitioner. Download Word Document In English. (Rs.50/-) Download PDF Document In Hindi. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/)

WRIT OF PROHIBITION  IN THE HON’BLE HIGH COURT OF JUDICATURE AT_________ (Original Civil Jurisdiction) Writ Petition No_________. of _________20 _________  Mr …………………………………………..Resi …………………………………………….………………Petitioner.  Versus 1. State of _________ 2. ………….., Inspector-General of Police _________ 3. ……………….., Inspector of Police _________ Respondents.  Petition under Article 226 of the Constitution for the issue of a writ of prohibition.  To The Hon’ble the Chief Justice and his companion Judges of the Hon’ble High Court. The above named Petitioner begs to submit as under : 1. That he was appointed a Sub-Inspector of Police in the State of _________on _________ 2. That he served the State in various capacities, to wit as _________. in _________at _________and as _________in _________at_________ 3. That while he was stationed at _________and serving as _________, he was served with a charge- sheet dated _________a copy whereof is filed herewith. 4. That enquiry into the said charges was made by Respondent No. 3 from _________to _________who submitted a report dated _________to Respondent No. 2 finding the charges mentioned in the charge-sheet above-mentioned to be proved. 5. That according to Rule _________of _________the charges aforementioned could not be enquired into except by an officer of the rank of Superintendent of Police of _________Division or with the approval of Respondent No. 2 of another Division in the State of _________ 6. That on _________the Petitioner received a notice from Respondent No. 2 to show cause why he should not be dismissed from service. 7. That the aforesaid enquiry was illegal and ultra vires. Respondent No. 2 had no jurisdiction to take into consideration the said enquiry or pass any order on the basis thereof. The so-called inquiry was held by a person not duly authorised to do so. 8. The holding of a departmental inquiry by a Superintendent of Police is a condition precedent, a fact which must exist before Respondent No. 2 can assume jurisdiction or authority for the purpose of passing the final order of dismissal under Rule _________of _________ against the Petitioner. It is therefore, most respectfully prayed that a writ direction or order in the nature of prohibition be issued to the respondents prohibiting them from proceeding further with the disciplinary proceedings on the basis of the enquiry report of Respondent No. 3. dated _________ _________ _________ (Petitioner) (Advocate for the Petitioner.)  Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

WRIT OF CERTIORARI  IN THE HON’BLE HIGH COURT AT_________ (Original Civil Jurisdiction) Writ Petition No_________of _________ , 20 _________ A _________ Petitioner;  Versus 1. State of _________ 2. Drug Controller _________  3. Appellate Authority _________ Respondents.  Petition under Article 226 of the Constitution for the issue of a writ of certiorari. To The Hon’ble the Chief Justice and his companion Judges of the Hon’ble High Court of Judicature. The abovenamed Petitioner begs to submit as under : 1. That the Petitioner is a stockist and dealer in drugs and carries on his business in the name and style of _______________at ______ ___________________2. That the Petitioner held a drug dealer’s licence No___________________. dated _____________ and has been carrying on this business for the last six years. 3. That on ____________________ the Petitioner received a notice from Respondent No. 2 to show cause why his licence should not be cancelled for selling substandard and spurious drugs. He was also required by the notice to produce his licence before Respondent No. 2. 4. That on _____________________ the Petitioner submitted his explanation to the show-cause notice submitting that he did not sell any substandard or spurious drugs and that he sold only drugs in their original containers obtained from reputed drug manufacturers. He expressed his inability to produce the licence as the same had been submitted to the Civil Surgeon for renewal. 5. That without giving proper consideration to the pleas raised by the Petitioner Respondent No. 2 passed an order dated ______________________ cancelling the Petitioner’s licence. 6. That, thereupon, the petitioner preferred an appeal against the order of Respondent No. 2 to Respondent No. 3. 7. That by order dated ____________ Respondent No. 3 dismissed the appeal. 8. That the Petitioner has no other remedy but to approach this Hon’ble Court. 9. That the orders of Respondents No. 2 and No. 3 are void and illegal for the following amongst other—  REASONS (i) Because the orders of respondents Nos. 2 and 3 are vitiated as they have acted in violation of the principles of natural justice. (ii) Because both respondents Nos. 2 and 3 have placed great reliance on the report of the Central Drugs Laboratory dated ___________________ which report was never disclosed to the Petitioner and which the Petitioner was not given any opportunity to meet. (iii) Because the authorities have been influenced by the failure of the Petitioner to produce the licence but have themselves failed to consider the Petitioner’s explanation that the licence had been submitted to the Civil Surgeon for renewal.(iv) Because respondents Nos. 2 and 3 have not applied their minds to the facts and circumstances of the case. (v) Because the impugned orders violate the fundamental right of the Petitioner to carry on his trade and business guaranteed by Article 19(1)(g) of the Constitution. It is, therefore, most respectfully prayed that a writ, direction or order in the nature of certiorari be issued quashing the order of Respondent No. 2 dated ____________________ and the order of Respondent No. 3 dated_________ ____________________________ (Petitioner.) Dated_________  Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

Introduction Fundamental Rights are contained in Part III of the Indian Constitution including the right to equality, right to life and liberty etc. Merely providing for Fundamental Rights is not sufficient. It is essential that these Fundamental Rights are protected and enforced as well.  To protect Fundamental Rights the Indian Constitution, under Articles 32 and 226, provides the right to approach the Supreme Court or High Court, respectively, to any person whose Fundamental Right has been violated. At the same time, the two articles give the right to the highest courts of the country to issue writs in order to enforce Fundamental Rights. What is a writ? Fundamentally, a writ is a formal written order issued by anybody, executive or judicial, authorised to do so. In modern times, this body is generally judicial. Therefore, a writ can be understood as a formal written order issued by a Court having authority to issue such an order. Orders, warrants, directions, summons etc. are all essentially writs.  A writ petition is an application filed before the competent Court requesting it to issue a specific writ. What are the kinds of writs? Articles 32 and 226 specifically provide for five kinds of writs. These writs are issued in different circumstances and have different implications. They are: Habeas Corpus ‘Habeas Corpus’ literally means “to have a body of”. This writ is used to release a person who has been unlawfully detained or imprisoned. By virtue of this writ, the Court directs the person so detained to be brought before it to examine the legality of his detention. If the Court concludes that the detention was unlawful, then it directs the person to be released immediately. Examples of unlawful detention are: The detention was not done in accordance with the procedure laid down. For instance, the person was not produced before a Magistrate within 24 hours.  The person was arrested when he did not violate any law. An arrest was made under a law that is unconstitutional.  This writ can be filed by the detained person himself or his relatives or friends on his behalf. It can be issued against both public authorities and individuals.   Mandamus ‘Mandamus’ means ‘we command’. It is issued by the Court to direct a public authority to perform the legal duties which it has not or refused to perform. It can be issued by the Court against a public official, public corporation, tribunal, inferior court or the government. It cannot be issued against a private individual or body, the President or Governors of States or against a working Chief Justices. Further, it cannot be issued in the following circumstances: The duty in question is discretionary and not mandatory.  For the performance of a non-statutory function.  Performance of the duty involves rights of purely private nature. Where such direction involves violation of any law.  A writ petition seeking mandamus must be filed by the person who has an interest in the performance of the duty by the public authority. Quo Warranto ‘Quo Warranto’ means ‘by what warrant’. Through this writ, the Court calls upon a person holding a public office to show under what authority he holds that office. If it is found that the person is not entitled to hold that office, he may be ousted from it. Its objective is to prevent a person from holding an office he is not entitled to therefore preventing usurpation of any public office.  It cannot be issued with respect to a private office.  Certiorari ‘Certiorari’ means to ‘certify’. Certiorari is a curative writ. When the Court is of the opinion that a lower court or a tribunal has passed an order which is beyond its powers or committed an error of law then, through the writ of certiorari, it may transfer the case to itself or quash the order passed by the lower court or tribunal.  Prohibition A writ of prohibition is issued by a Court to prohibit the lower courts, tribunals and other quasi-judicial authorities from doing something beyond their authority. It is issued to direct inactivity and thus differs from mandamus which directs activity. Who can file a writ petition? A writ petition can be filed by any person whose Fundamental Rights have been infringed by the State.  Under a Public Interest Litigation, any public-spirited person may file a writ petition in the interest of the general public even if his own Fundamental Right has not been infringed.   Where can a writ petition be filed? Under Article 32, a writ petition can be filed in the  Supreme Court . The Supreme Court can issue a writ only if the petitioner can prove that his Fundamental Right has been infringed. It is important to note that the right to approach the Supreme Court in case of a violation of a Fundamental Right is in itself a Fundamental Right since it is contained in Part III of the Constitution.  Under Article 226, a writ petition can be filed before any  High Court  within whose jurisdiction the cause of action arises, either wholly or in part. It is immaterial if the authority against whom the writ petition is filed is within the territory or not. The power of the High Court to issue a writ is much wider than that of the Supreme Court. The High Court may grant a writ for the enforcement of fundamental rights or for any other purpose such as violation of any statutory duties by a statutory authority. Thus, a writ petition filed before a Supreme Court can be filed against a private person too.  Where a fundamental right has been infringed, either the Supreme Court or the High Court can be resorted to. It is not necessary to go to the High Court first and only thereafter approach the Supreme Court. However, if a writ petition is filed directly in the Supreme Court, the petitioner has to establish why the High Court was not approached first. Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

1 Drafting of petition under Article 226/227   The importance of the drafting vis a vis oral arguments has been vividly discussed by the Supreme Court in P N Eswara Iyer v. Registrar AIR 1980 SC 808 while considering the constitutional validity of the exclusion of oral arguments in the context of the review jurisdiction;  For good drafting one should possess:  ∙ Good command of language  ∙ Clarity of facts ∙ Clarity of law  ∙ Ability to arrange facts in sequence of time or date  ∙ Ability to arrange bare facts (without mixing the facts and legal submissions) ∙ Ability to discard or exclude the facts that are not remotely relevant to the controversy, however, at the same time taking care of not suppressing material facts ∙ Ability to frame the prayer clause succinctly- what your client wants and what is absurd to demand.  2. Importance of drafting skill: ¬  Drafting of petition is a skill on which the fate of your case depends to a large extent. One must, therefore, possess the skill of drafting the petition. It is like painting a picture. One must take as much care in drafting of a petition which an artist takes while painting a picture. 2 ¬ Most of the judges in High Courts and the Supreme Court read on the previous day the cases/petitions to be listed for admission/hearing on the next day. Good drafting helps them in understanding the problem/legal issues involved in the case. ¬ You might feel that judge is not going to read your entire petition so why should you take much care in drafting a petition, but you must remember that your every oral submission of the fact and law in court room should be part of the petition. If relevant facts and legal submissions do not form part of the petition, the court will not be able to help you and your petition might be dismissed for the want of sufficient facts. Your opponent will also raise an objection that the petitioner should not be allowed to travel beyond his pleading. ¬ The prayer clause must be meticulously drafted since the court will refuse to grant any relief not prayed for in the petition. ¬ If relevant facts are not stated or legal submissions are not made in the petition, it gives an opportunity to the opponent to get your case dismissed on such grounds.  3. Pre-Drafting Stage (Discussion with client and collection of information)  ¬ Drafting of a plaint or petition depends on the effective collection of facts and information from the client. 3 ¬ Treat your client with your curtesy -ask your client to tell his problem in brief – allow him to open up and vent his grievances for some time. ¬ Ask questions to your client for gathering facts of his case and tell him to show relevant documents – try to ascertain correct facts and all important details. ¬ Ask your client whether he had taken out any legal proceeding in the past in respect of the problem he has brought before you. ¬ Arrange the facts and relevant documents in chronology ¬ Don’t jump to any conclusion – don’t give your judgment – you are a lawyer not a judge. ¬ Find out which is the most appropriate remedy [civil suit, criminal complaint, approaching special tribunal, filing appealrevision or review etc] for the redressal of the problem brought before you. ¬ Find out whether it is advisable to bypass the alternative remedy and approach the high court directly - discuss this aspect clearly with your client. ¬ Ask your client if he was missing any relevant fact to be mentioned and relevant documents to be produced – explain him the consequences of suppression of material fact or documents from the court – opponent will expose your suppression when he is called upon to answer your petition.4 ¬ Finally ask your client what he wants from the court – note down the relief clearly which your client wants- arrange the relief in sequence in anticipation that if the court is not to grant the first relief prayed for what is the next relief by which your client would be satisfied – lastly discuss the minimum relief which you might get for your client – never tell your client that he has no case – he comes for the solution of his problem and not to hear from you that his case is worthless- you can broadly say to your client that he has a legally strong case or a little weak case or not a very strong case. ¬ After the aforesaid discussion if your client is willing to file a petition, you may start drafting the petition. Else, charge your client for the consultation and for giving a true advice. Be truthful and honest to your client. Never give guarantee of success in the case to your client.  4. Difference between plaint and petition: ¬  Civil Procedure Code does not apply to petition under Article 226/227 of the Constitution of India [Refer to S.141 CPC] ¬ Civil Procedure code serves as a guide (State of Punjab Vrs. Puran Singh AIR 1996 SC 1092). ¬ Pleading and Plaint are governed by Order VI and Order VII of the Code of Civil Procedure. Your petition must also be in tune with these rules not strictly but as far as possible. ¬ In the petition before high court you are entitled to quote the relevant statutory provision, extract from relevant case 5 law, legal submissions etc. which is not permitted in drafting a plaint. ¬ There is no specific format provided for petition under Article 226/227 except PIL. You are free to evolve your own style of drafting keeping in mind the parameters discussed above.  5. Parts of Petition and reply: ¬  Index ¬ List of Events ¬ Memorandum of Petition ¬ Affidavit ¬ Annexures-Documents ¬ Reply affidavit to the petition ¬ Rejoinder, if any 6. Petition has following parts: General Title of petition “In the High Court of Gujarat At Ahmedabad” INDEX List of Events ¬ Title of the Petition “In The High Court of_______ at________” ¬ “District” is relevant to ascertain the fact from which district the case has come to the high court-service of court process is done through the District Court- the reference of the district would also help the Registry of the High Court in 6 finding out whether there is any caveat against a particular decision. ¬ Nature of proceeding: Special Civil Application No:______ of 2016,  Writ Petition (PIL) No:______ of 2016 or Special Criminal Application No:_____ of 2016 ¬ In the matter of : Articles of the Constitution of India  Relevant laws to be stated Relevant rules to be stated  iv) The decision under challenge in the petition The part is very relevant for deciding before which bench the case will be listed. You as a lawyer can do some planning in deciding this part within the framework of law. ¬ Details of petitioners:  Individual petition [CPC O.1 R.1]  Petitioner by more than one person [ CPC O.1 R.1] Chandubhai Patel v. State of Gujarat 1975 GLR 368, Umesh Chand v. State of UP AIR 1984 ALL 46(FB)  iii) Petitioner by partnership firm or a proprietary firm or HUF  [O.30 R. 1,10]  iv) Petitioner by Company, Association person or Cooperative Society [ CPC O. 29] 7  v) Petitioner by Trust or other Society [ CPC O.31] vi) Suit by or against minor or unsound person [CPC O.32]  vii) Petition in representative capacity [ CPC O.1. R.8, Rule 175 GHC Rules,1993] A separate application to be filed.  viii) Intervention application  [ CPC O.1 R.8A]  ¬ Details of respondents: i) The State Government or Central Government as the case may be is required to be joined as respondent no: 1 usually. The description of the State Government should be for example “The State of Gujarat”. The description of the Central Government should be “The Union of India”. This description is sufficient under Section 79 of the Code of Civil Procedure Code. [Refer to also O.27 and O.27A of CPC] ¬ The litigants are not supposed to know the department which is concerned with the case. A copy of the petition to be served upon the Government Pleader or the Central Government Counsel as the case may be. ¬ When writ in the nature of Mandamus is prayed for, the concerned authority or officer is also required to be joined as a respondent. 8 ¬ When writ in the nature of certiorari or prohibition is prayed for, the authority or tribunal is required to be joined as a respondent. [now in view of the judgement of SC in Sh. Jogendrasinhji Vijaysinhji v. State of Gujarat (2015) 9 SCC 1 and M.S.Kazi v. Muslim Education Society, SC Judgment dated 22/8/2016 (para 8,9) the tribunal is not required to be joined as party respondent] ¬ When writ in the nature of Habeas Corpus is prayed for, the person who has illegally confined the person is required to be joined as a respondent. ¬ When writ in the nature of Quo Warranto is prayed for, the person who has usurped the public office is required to be joined as a respondent. ¬ Where allegations of mala-fide are made against any officer or person, such a person or officer is also required to be joined as a respondent. To, Hon’ble Chief Justice and other Hon’ble Judges Of The High Court of________ The petitioner(s) most respectfully submit(s): 1. Challenge in the petition 9 2. Facts to be divided in to small sub-paragraphs- if violation of the fundamental right given to citizens of India only is alleged- make statement that the petitioner is a citizen of India. 3. Legal Grounds/Submissions  4. Prima facie case, balance of convenience and irreparable loss  5. No other alternative remedy  6. Details of the legal proceeding, if already undertaken on the subjectStatement to be made that no other case filed on the subject matter in any other forum and how it was disposed of. [Rule 174 GHC Rules,1993] 7. No delay and laches/ Give reasons for delay-details of the cause of action 8. Statement about territorial jurisdiction only when there is any doubt about the High Court’s jurisdiction  9. Prayer clause  10. Affidavit- Oath/affirmation-facts based on the personal knowledge, facts based on information and belief – no material fact or document concealed.  11. Documents-Annexures ( Annexures to the petition should be given consecutive cardinal numbers prefixed by word ”P” as P-1, P2,…., annexures to the reply should be given cardinal numbers prefixed by the word ”R” as R-1, R-2….. and annexures to rejoinder should be given cardinal numbers prefixed by the word “RJ” as RJ-1, RJ-2 ….) 10 12. The Gujarat High Court Rules, 1993 Chapter XVII Rule 174 to 194 for petition under Article 226 and 227 and Chapter XXVIII Rules 378 to 386 (Petition for Habeas Corpus) 7. Broad analysis of Article 226 and Article 227: ¬ Article 226 is invoked for the enforcement of the fundamental rights; or ¬ For seeking judicial review; or ¬ For enforcing the rule of law in all governmental actions. ¬ Article 227 can be invoked against judicial orders of subordinate courts and tribunals- for correcting jurisdictional errors only-power of superintendence- no other 8. The following types of cases are filed before high court usually: ¬ Judicial review of executive/administrative action or decision; ¬ judicial review of a quasi-judicial decision or judicial decision; ¬ Judicial review of legislative action and vires of law or constitutional amendments; ¬ Judicial review of prerogative power; ¬ Judicial review in contractual matters; ¬ Judicial review of policy decision While drafting the petition you must keep in mind the nature of the order which you are challenging before the high court. Your pleading must make out a case for high court’s intervention. 11 ∙ Administrative decision can ordinarily be challenged on the ground of Wednusbary unreasonableness as also on the doctrine of proportionality. ∙ Quasi-judicial or judicial decision can ordinarily be challenged on the ground of jurisdictional error, error apparent on the face of the record, perversity, violation of substantive or procedural law or principle of natural justice. ∙ Legislative action can be challenged on the ground of violation of any fundamental right or legislative competence. Subordinate legislation can in addition to above grounds be challenged on the ground of it being contrary to the parent law or beyond the permissible limit. ∙ Constitutional amendment can be challenged on the ground of violation of the basic structure doctrine only. ∙ Policy decision, prerogative powers and contractual matters can be judicially reviewed on very limited grounds only. 9. Drafting of petition also depends the nature of direction or order sought for in the petition: ¬ Order/Direction in the nature of Certiorari ¬ Order/Direction in the nature of Prohibition ¬ Order/Direction in the nature of Mandamus ¬ Order/Direction in the nature of Habeas Corpus ¬ Order/Direction in the nature of Quo Warranto Your pleading must contain necessary averments for invoking the powers of the High Court. 12 10. Drafting of petition under Article 227: While drafting the petition under Article 227 one must bear in mind that this article confers simply the power of superintendence and empowers the High Court to correct the jurisdictional errors only. Therefore one must make an averment as to how the judgment or order of the subordinate court or tribunal is without jurisdiction so as to call for the interference by the High Court. Please refer to Waryam Singh V. Amar Nath AIR 1954 SC 215, Mohmmad Yunus v. Mohd. Mustaquim AIR 1984 SC 38. In the petition under Article 227 the subordinate court or tribunal should not be joined as respondent. In the petition under Article 227 you cannot ask for any of the prerogative writs. Asim Pandya Advocate, High Court of Gujarat Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.50/)

Will in Favour of Minor Son I, AB, etc. execute this my last will this the ____ day of ___________ in the city of _________voluntarily out of my own free will without any compulsion or pressure from any person and having a second disposing mind. Whereas I had made a will dated ________ in favour of my wife CD bequeathing all my properties to her ; And Whereas the said wife died ON _________ leaving EF, aged 12 years as our only son. 1.     I hereby revoke the will made in favour of my wife CD on ____________. 2.     I hereby declare and bequeath all my properties, movable and immovable, belonging to me or which may belong to me and remain indisposed of during my life-time unto EF, my son aforesaid. 3.     In case I should die before the said son EF attains majority, I appoint GH, etc., as an executor under this will, who shall realise all my to outstanding and administer the estate left by me for the benefit of EF, of the said legatee after defraying all expenses of such administration. The said executor shall be entitled during such administration to charge Rs. ______ per month as remuneration for his service till the aforesaid EF attains majority. When the said EF attains majority, the said GH shall handover all the estate then in existence unto the said EF. During the minority of the said EF, the executor shall act as guardian of the said EF and shall look after his education and training in a be fitting and useful manner so as to earn a decent living either as an engineer or as a member of some other noble profession. However, if the said EF attains majority during my life-time and survives me, this provision relating to appointment of the executor shall not be operative and the said EF shall be entitled to receive and appropriate as owner all and every part of the estate left IN WITNESS WHEREOF I have signed this will in the presence of witnesses hereunder who have attested the same in my presence. Sd. _________ (AB) Testator Signed by the abovenamed AB in our presence at the same time and each of us has in the presence of the testator signed his name hereunder as an attesting witness. Witnesses : 1. ________________ 2. ________________ I have examined the testator and found him in sound disposing mind and as having fully understood the contents of this will. Sd. _______ Dr. _________ Download Word Document In English. (Rs.10/-) Download PDF Document In Hindi. (Rs.10/-) Download PDF Document In Marathi. (Rs.10/-)

Form of a Complicated Will I, …………… son of ……………………….. , residing at ……………… hereby execute this my last will, in a sound disposing state of mind. 1.     I, hereby revoke all former and other wills and testaments by me at any time heretofore made. 2.     I have ancestral lands in my native village, My two sons (1)………. And (2) ……………….. shall take the same with rights of survivorship. 3.     All other properties possessed by me, in whatever place and in whatever shape are all my self acquisitions, having been purchased out of my earning and without recourse to the family properties: and I have full testamentary power over them. 4.     I hereby give, devise and bequeath my …………… at ………… to my aforesaid two sons (1) ……………… and (2) …………….. in equal shares with full and absolute rights but if any of them should, God forbid, die in my life-time his share shall pass to his son or grandson, or any child or widow of his surviving him and in default of these two my other my others without leaving any child or grandson or widow, I here by give authority to my wife to adopt any suitable boy selected in consultation with my brother,………… and the properties devised and bequeathed under this will to my two sons shall be enjoyed by my widow until such adoption when they shall vest in the adopted son with absolute rights. 5.     I hereby give, devise and bequeath to my wife…………… my lands at………. And my house at…………….. with full and absolute rights. Should my wife remarry all the immovable properties devised to her shall on such marriage, vest in my daughter ……………….. My executor shall see to the marriage of my daughter……….. expending not more than Rs……….. for the same and shall pay Rs…………….. for the absolute use as and when she marries. I give and bequeath Rs………… to my son ………… on condition that he proceeds to ………. For higher studies in ………………. Within……………. Years of my death Otherwise the said sum of Rs. 25,000 shall be handed over to the Vice Chancellor,……………………. University for utilising the same for Research work regarding the application of ………… purposes. 6.     I do hereby constitute my dear wife as my residuary legatee. My brother…………. Is appointed executor under this will. (Sd.) Testator Place…………………… Date ____________ Witnesses : 1. _______________ 2. _______________ Download Word Document In English. (Rs.10/-) Download PDF Document In Hindi. (Rs.10/-) Download PDF Document In Marathi. (Rs.10/-)

Will by a Hindu in Favour of Family This is the Last Will of mine, AB, etc., a Hindu, made this the …………… day of ………….……., 2000, voluntarily and while in sound state of mind. Whereas I am now 70 years old and have been keeping indifferent health for a past few months; And Whereas I am possessed of considerable movable and immovable properties more particularly described in the schedule annexed hereto which are my self acquired properties and which were acquired without any detriment to the ancestral property or to the family funds and I have the absolute powers of disposal over the same . And Whereas I am anxious to make necessary arrangements in respect of the enjoyment of my properties after my life time so that unnecessary misunderstanding and consequential wasteful litigation between the members of my family may be avoided. Therefore, I am executing this last will and testament of mine of my own free will voluntarily without any compulsion or pressure of any person and with a sound disposing mind and declare as follows: 1.     I hereby revoke all former wills and codicils made by me at any time heretofore. 2.     I have my wife CD, two daughters EF and GH and two sons KL and MN who will be entitled to succeed to my properties under law in the normal course. But my daughters are all married and they are living separately with their husbands. They have been properly and well provided for during their marriage. They are therefore not given any share in my properties under this will. 3.     I bequeath the property bearing No. ……. Described as item No. 1 in the Schedule hereto to my first son KL absolutely to be held and enjoyed by him with full and absolute powers of alienation. 4.     I bequeath the property bearing No. ….. ….. described as item No. 2 in the Schedule hereunder to my second son MN absolutely to be held and enjoyed by him with full and absolute powers of disposal. 5.     I bequeath to my wife CD the property bearing No………… and described as item No. 3 in the Schedule hereto absolutely to be held and enjoyed by her with full and absolute power of alienation. 6.     Any assets, movable or immovable, which might be omitted from being mentioned in this will or which may hereafter be acquired by me shall be taken by my wife and the two sons aforesaid in equal shares absolutely. 7.     Though I have bequeathed no share in my properties to my daughters aforesaid , as a token of love and affection for them I hereby direct my two sons KL and MN that each one of them will pay to each one of my daughters a sum of Rs…………… and this sum shall be a charge on the properties allotted to my above sons respectively hereto. 8.     All the jewelry and ornaments, gold and silver, will belong to my wife absolutely and my sons or daughters aforesaid will have no right to the same . 9.     I hereby appoint my two sons KL and MN as the joint executors under this will. SCHEDULE OF PROPERTY 1……………………………. 2…………………………… 3…………………………… IN WITNESS WHEREOF I, the above named testator have signed this will hereunder the day and year first written above. ………………….(Sd.) (AB)   Signed by the above named AB in our presence at the same time and each of us has in th e presence of the testator signed his name hereunder as an attesting witness. WITNESSES; 1. 2. Download Word Document In English. (Rs.10/-) Download PDF Document In Hindi. (Rs.10/-) Download PDF Document In Marathi. (Rs.10/-)

Simple Will giving all Property to Wife I, AB hereby revoke all former WILLS AND CODICILS made by me and declare this to be my last will whereby I bequeath and devise all my movable and immovable property whatsoever to my wife CD and appoint her sole executrix of my this WILL. IN WITNESS WHEREOF. I have signed this will hereunder on the …day of …………, 2000. Sd/……………….. (A B) Signed by the above-named testator in our presence at the same time and each of us has in the presence of the testator signed his name hereunder as an attesting witness. WITNESSES; 1……………………. 2……………………. Download Word Document In English. (Rs.10/-) Download PDF Document In Hindi. (Rs.10/-) Download PDF Document In Marathi. (Rs.10/-)