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Himanshu   05 July 2021

Maintainability of Writ

Whether a writ is maintainable against a party which ceased to be a state during the pendency of case?


 5 Replies

G.L.N. Prasad (Retired employee.)     05 July 2021

As it is a public authority, when the writ was admitted, it continues to be binding on such authority that ceases to be as such during proceedings.

1 Like

Dr J C Vashista (Advocate)     06 July 2021

You have filed petition for issuance of which one of the 5 writs i.e, Hebeaus Corpus, mandamus, certiorari, prohibition or quo warranto ?

Writ of quo warranto, certiorari and prohibition shall not be maintainable against private person / respondent who is no more a State as provided in Article 12 of the Constitution. 

P. Venu (Advocate)     06 July 2021

You have not posted the relevant facts? How  the 'state' has ceased to exist?

T. Kalaiselvan, Advocate (Advocate)     08 July 2021

The maintainability of any case would depend on the status of the case at the time of institution of the case. 

Doveson (advocate)     15 July 2021

kindly elaborate further on your query. the answer depends on case to case. a writ is filed in case of breach of fundamental rights or if you are invoking the powers of the court under articles 227 or 226 of the constitution. so, you may file a writ against the order passed by a tribunal or other quasi judicial authorities where the statute constituting them is not providing for an appeal beyond the tribunal.  earlier, there was a rule that the state or centre is made a party in the same. now its not so. thats why you see orders being issued against schools hiking fees etc.   

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