Writ can be premature

sanjeev murthy desai (Querist) 23 June 2009 This query is : Resolved
Hi all

What circumstances under writ can be premature. Thanks in Advance.

Sanjeev desai

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Y V Vishweshwar Rao (Expert) 23 June 2009
I think the WP is premature when it is filed with out availing all other remedies before filing WP -(which are availabel to party and could have settled if availed , and there is staturory remidy/ies other than WP before filign the Writ )

N.K.Assumi (Expert) 23 June 2009
There are many writs like futile writs, premature writs etc. Example of premature writs cn be found in the case of Dr.Sarana vs University of Lucknow (1976) 3 SCC 585. In this case article 226 was invoke against the recomdation made by the Selection committe which was not even scrutunised by the Executive committee which has to make the recomendation of the selection committee or to reject it. The writ was dismiss as premature.

Swami Sadashiva Brahmendra Sar (Expert) 23 June 2009
premature writ petition means a writ petition before arousal of cause of action.

RAKHI BUDHIRAJA ADVOCATE (Expert) 24 June 2009
I do agree with the views of my ld. friend Mr. Assumi.

Uma parameswaran (Expert) 25 June 2009
premature Writ means the cause of action is not yet completed and time not arise to file the writ.

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