Employment, Public & Specialist
Writ Petitions
Petitions under Article 226 to the High Court against unlawful action by the State or public authorities.
DLP's chamber: No. 548, A Block, High Court, Lucknow
What the law says
Under Article 226 of the Constitution, a High Court can issue writs to enforce fundamental rights and other legal rights against the State and public authorities. The five writs are habeas corpus (production of a person detained), mandamus (performance of a public duty), certiorari (quashing an order made without jurisdiction or in breach of natural justice), prohibition (stopping a body from exceeding its jurisdiction) and quo warranto (questioning a person's right to hold a public office). The High Court may decline to interfere where an effective alternative remedy exists or there has been unexplained delay.
Consultation
Speak to the chamber.
Leave your name, number and a line about the matter. A member of the chamber will call or message you back during working hours.
Frequently Asked Questions
When is a writ petition the right remedy?
When a State body or public authority acts without legal authority, in breach of natural justice, arbitrarily, or fails to perform a duty the law imposes, and no equally effective remedy is available.
What are the five writs?
Habeas corpus, mandamus, certiorari, prohibition and quo warranto.
Can a writ be filed against a private company?
Generally writs lie against the State and bodies performing public functions. A private body may be subject to a writ only where it discharges a public duty, which depends on the facts.
Is there a time limit?
There is no fixed limitation period, but the High Court can refuse relief for unexplained delay, so a petition should be filed promptly.
Attorneys Handling This Service
Related Services
FIR Quashing
Asking the High Court to quash an FIR or criminal proceedings that do not disclose an offence or amount to abuse of process.
Mandamus Petitions
A writ directing a public authority to perform a legal duty it has failed or refused to perform.
Service Matters
Disputes of government employees over discipline, promotion, pay and pension before tribunals and the High Court.