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Sophie Anguto (advocate)     13 July 2017

Writ Petition

Can a lower court judge be impleaded as a respondent in a writ of Mandamus if yes is there any provision


 8 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     13 July 2017

All are equal under the law in India.

In India Article 32 and 226 of the Constitution gives power to the Supreme Court and High Court to issue writs in case of breach of Fundamental rights of any citizen by the state. By such writs the Judiciary can control the administrative actions and prevent any kind of arbitrary use of power and discretion.

There are 5 kinds of writs

- Mandamus

- Certiorari

- Prohibition

- Quo warranto

- Habeas corpus

2 Like

Raveena Kataria (Advocate )     13 July 2017

To clarify, writ petitions can only be filed in High Courts or the Supreme Court as per constitutional provisions. (Article 226/32.) The writ of mandamus can be issued by any such court to an inferior court to properly perform its duties/correct an abuse of its discretion.
1 Like

Priyanka Verma (Advocate, Pune Area)     13 July 2017

According to me you cannot make a party to the judge of lower court in a Writ of Mandamus. If you make it will not lie.
1 Like


yes without any doubt., but the same may not be maintainable unless there exists strong material evidence on record.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     17 July 2017

There is a difference between judge of a lower court and judge. Higher courts always have jurisdiction over lower courts under them. It is not possible to answer the question without knowing what the case is. If an authority gives an order, which it cannot, one may file a writ of certiorari. If a lower court gives an order one will go on appeal to the higher court.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 July 2017

This is a public forum. If you are willing to state your problem openly, fully and completely please do not come here. Go to a lawyer, pay him his fees and get his advice.

Priyanka Verma (Advocate, Pune Area)     20 July 2017

You can implead court as a party in your Writ of Mandamus but implead judge as a party, according to me you can't..

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 July 2017

A writ of mandamus if filed when an authority, such as say, the Police, refuses to act  on one's complaint. If one files a complaint before a court, the court may either admit it or ab initio dismiss it. If the court thus dismisses it, one may go to the higher court and the higher court may order the lower court to admit the case. But it is not called a writ. Also the order is to the court and not to the judge in person.

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