Law relating to writs

Querist : Anonymous (Querist) 25 September 2010 This query is : Resolved
Is it correct to say that in India writ petitions lie only against governments / public authorities. In other words, can a writ petition be filed against a private company / person?

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s.subramanian (Expert) 25 September 2010
Yes. Under specific circumstances,writ petitions lie even against individuals.

Devajyoti Barman (Expert) 25 September 2010
The Writ petition can not be filed solely against an individual or a private company. If the State or the instrumentality of the State is also one of the Respondent , then and then only then only Writ petition can be filed . Please bear in mind that no Writ could be issued against an individual. It is only the State or the Instrumentality of the State against whom the Writ could be issued.

N.K.Assumi (Expert) 26 September 2010
Dear Barman Sir, you have nicely explained the nature of writs but as also pointed out by s.subarmaniam, writ can be issued to individual person also, as in the case of writs of Habeas Corpus for release of a person from private detention.

s.subramanian (Expert) 26 September 2010
I would like to draw the attention of Mr.Barman to the decisions the Supreme Court in 1997(3)SCC 571 and 2003(8) SCC 639. Please read 2005 (6)SCC 657 also.

Chanchal Nag Chowdhury (Expert) 27 September 2010
A writ petition can be filed against a private company / person if it/he is bound to deliver something by way of a statutory duty,e.g., CESC is a private company which is the sole agency supplying electricity to Kolkata & its suburbs.
Therefore, a writ petition can be filed against CESC if it fails in its duty.

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