Last Updated on October 26, 2020 by Satish Mishra
This post is for law students and graduates who want to know how writ petitions are being drafted for High Court Chandigarh. Punjab and Haryana High Court entertains writ petition under Article 226/227 of the constitution of India.
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Let’s Read them first:
Art 226-
- Power of High Courts to issue certain writs
(1) Notwithstanding anything in Article 32 every High Court shall have powers, throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose
(2) The power conferred by clause ( 1 ) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories
(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause ( 1 ), without
(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and
(b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the aid next day, stand vacated
(4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme court by clause ( 2 ) of Article 32
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Art 227-
- Power of superintendence over all courts by the High Court
(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction
(2) Without prejudice to the generality of the foregoing provisions, the High Court may
(a) call for returns from such courts;
(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and
(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts
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(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made, forms prescribed or tables settled under clause ( 2 ) or clause ( 3 ) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor
(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces
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Now know the most common 5 types of writs:
- Habeas corpus – For bringing the petitioner before court who is detained in illegal custody.
- Mandamus – Directions to government body to fulfil the lawful purpose.
- Certiorari – To certify whether the action adopted by government agency is legally sustainable or not.
- Quo Waranto – To challenge the order of government authority and examine whether the authority has legal sanction to do it so.
- Prohibition – Direct the authority from doing anything contrary to furtherance of justice.
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Coming onto drafting the writ petition for Punjab and Haryana High Court, what is required:
- INDEX –> Know the structure with Name of parties , Memo, Writ , Affidavit, Head note at bottom & all Relevant Statute, Court fees rightly Calculated.
- MEMO of parties –> With full Address, Age & Pin code.
- Writ Petition
- Maintainability of Petition.
- Alternate Remedy Exhausted.
- Rejection of Legal Representation.
- No previous Petition Appeal, Revision or Review.
- Subjective Question of Law (SQL) and grounds of law.
- Cause of Action
- Prayer clause.
- Affidavit –> Sign on every page of it. Spell out para’s in it which is relied on counsel’s advice and which is deposed on own knowledge.
- Annexures –> True copy , True Typed Translated copy, certified to be True Translated copy, seek Exemption where required in your prayer Vernaculars must.
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- Court fees –> Per Petitioner Rs 50, Annexures Per Page, POA 3Rs, Affidavit cost extra.
- Power of Attorney –> name of the petitioner and sign it at the bottom Right. Do Read objections on the Punjab and Haryana High Court website CIVIL & CRIMINAL &
- Advance Copies to AG Haryana & Punjab with Diary Number, When Index Changed, Keep the Old One.
- One Set for Writ-Single Bench, 2 sets for Division Bench.
- See Roster For Punjab and Haryana High Court on website.
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