October 7, 2013

Main issue which need to be checked before filing a writ petition in High Court

Main issue which need to be checked before filing a writ petition in High Court

Authority against which you want to complaint, must have "Some Legal Obligation to act in a certain way"

This legal obligation may arise from fundamental rights, from some Central Act, from Some State Act, or some rules, some circulars, some schemes etc.

Then you must have made a representation to authority to act as per law and to redress your complaint.

If they still do not listen, then writ can be filed. Then High Court gets power to issue writ of mandamus to direct authority to act as per law.

Haresh Raichura
7/10/13