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DRAFTING A WRIT (Constitutional Law)

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Author : DHIRENDRA KUMAR RAI

Posted On 25 June 2009 at 08:55

Sir,
I have done my LLB from university of allahabad but I have never done any internship. This creates problem in drafting a writ.I accept this forum as my guru please help me by telling the basics of writ drafting.
Your sincerely
Dhirendra




Expert : Manish Singh

Posted On 25 June 2009 at 14:56

dear Rai,
the frmat of writ is uploaded at the website of the SC as well as some other high courts.
you can have a specific idea about how to base your drafting after going through the same.



Expert : Dr. V.N.Tripathi

Posted On 25 June 2009 at 18:29

Mr Dheerendra, before answering you properly, may I know, in which session you were in LL.B. III year?



Expert : A V Vishal

Posted On 25 June 2009 at 23:49

HIGH COURT OF ANDHRA PRADESH



Roc. No. 136/SO/77 : - By virtue of Article 225 of the constitution of India and all other powers hereunto enabling and in supersession of the existing rules, the High Court of Andhra Pradesh hereby makes the following rules to regulate the proceedings under Article 226 of the Constitution :



Rules to regulate proceedings under Articles 226 of the constitution.



1. (a) These rules may be called the Writ Proceedings Rules, 1977.



(b) These rules shall come into force on the 4th day of June, 1977.



(c) These rules shall apply to the petitions, applications and appeals filed on or after the 4th day of June,1977.



2. In these rules the expression ‘Petition shall mean a Writ Petition and the expression “Application” shall mean a Miscellaneous Application.



3.(a) A petition for a direction, order or writ, including a writ of habeas

corpus, mandamus, certiorari, quo warranto or prohibition shall be

by an original petition to be entitiled “Writ Petition No…………of ………… and shall be

filed in the office of the Registrar by the petitioner or his duly authorized advocate or

attorney:



(b) An application shall be entitled Writ Miscellaneous Petition in the Writ Petition.



Provided that any such petition or application to the High Court by a person who is in jail and has not appointed an advocate or an attorney on his behalf, may be presented to the Officer-in-charge of the Jail, who shall forward the petition or application to the High Court without delay.



4. (a) Every such petition shall set out the provision of law under

which it is made and shall contain the following particulars:



(i) The name, description and place of residence of the petitioner.

(ii) The name, description and place of residence of the respondent so far as they can be ascertained: and

(iii) The relief or reliefs sought



(b) The petition shall be signed by the petitioner or his advocate or attorney and the facts relied on by the petitioner shall be verified by an affidavit which shall be filed along with the petition.



1*4A Two or more persons raising common questions of law or persons having a common

cause of action may join in a single writ petition paying a single set of court fees.



5 (a) Every affidavit shall be drawn up in the first person and shall set forth succinctly and in

chronological order all the relevant facts and the grounds for the relief sought. The

statement of facts shall be divided into consecutively numbered paragraphs, each

paragraph being confined as nearly as may be to a distinct portion of the subject.



2* (b) The affidavit shall state:-



(i) the particular right conferred by the provisions of Part III of the Constitution of India sought to be enforced:



(ii) the other purpose for which relief is sought:





(iii) the particular law impugned and how it is not constitutionally valid and whether it is a State Law, Central Law or State and Central Law:



(iv) Whether any alternative remedy for the relief sought is provided for by or under any other law for the time being in force, and whether that remedy has been availed of and if so, with what result, by way of a separate paragraph:



(v) Whether the petitioner had or had not already filed a writ petition in the High Court or instituted any suit or other legal proceedings in any Court of Law or Tribunal either for the same or substantially the same relief on a previous occasion and if he had done so, the particulars of the petition, suit or other pr



Author : DHIRENDRA KUMAR RAI

Posted On 26 June 2009 at 08:56

Thank u to all to accept me as your disciple and helping me.Trpathi sir! it was 2004-05 session.dhirendra1977@gmail.com



Expert : Uma parameswaran

Posted On 26 June 2009 at 11:01

I am thinking that each state has its own format in filing the Writ.



Expert : A V Vishal

Posted On 26 June 2009 at 14:26

Dear Uma

Yes every High court has its own set of rules and format for Writ. Necessarily the form may change but not the essence of the contents contained therein.


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