Stages of a Writ Petition (Article 226 / Article 32)

1. Cause of Action

• Violation of a Fundamental Right or legal/statutory right
• Illegal, arbitrary, or unconstitutional act by the State or public authority

2. Drafting of the Writ Petition

The petition is drafted mentioning:

• Jurisdiction (Article 226 – High Court / 32 – Supreme Court)
• Details of parties (Petitioner & Respondents)
• Statement of facts
• Grounds of challenge
• Reliefs sought
• Prayer for interim relief (if any)
• Supporting affidavit and annexures

3. Filing of Petition

• E-filing or physical filing before the Registry
• A diary number / filing number is allotted

4. Scrutiny by Registry

• Registry examines the petition for defects
• Objections (if any) are raised

5. Removal of Defects

• Petitioner/advocate cures defects pointed out by the Registry
• Petition is marked as complete

6. Listing for Admission (Preliminary Hearing)

• Case is listed before the appropriate Bench
• Court may:
  • Issue notice
  • Seek clarification
  • Dismiss the petition at threshold

7. Issuance of Notice

• Notice is issued to the respondent(s)
• Respondents are directed to file their reply

8. Interim Relief Stage (If Applicable)

• Court may grant:
  • Stay order
  • Status quo
  • Protection from coercive action
• Interim relief may be allowed or refused

9. Counter Affidavit by Respondents

• Respondents file their reply
• Justification of the impugned action

10. Rejoinder by Petitioner

• Petitioner files rejoinder
• Reply to the counter affidavit

11. Final Hearing / Arguments

• Detailed oral submissions by both sides
• Reliance on case laws and statutory provisions

12. Judgment Reserved / Pronounced

• Court may reserve judgment or pronounce it immediately

13. Final Order / Judgment

• Petition may be:
  • Allowed
  • Dismissed
  • Partly allowed
• Directions issued to authorities

14. Compliance of Order

• Respondents must comply with the court’s directions
• Non-compliance may lead to Contempt Proceedings

Types of Writs (Quick Reference)

• Habeas Corpus
• Mandamus
• Certiorari
• Prohibition
• Quo Warranto

Key Points

• Generally, disputed questions of fact are avoided
• Alternative remedy rule applies (with exceptions)
• Writ jurisdiction is discretionary and equitable