Preparation & Legal Grounds

Summary:

The petitioner must identify which fundamental or legal right is violated. Proper documents, affidavits, and annexures are prepared.

Example:

A government officer is transferred as punishment without reason → violation of Article 14.

Judgment:

D.K. Basu v. State of West Bengal (1997) → Court stressed that violation of fundamental rights justifies writ jurisdiction.

2️. Filing of the Writ Petition

Summary:

Petition is filed along with index, synopsis, affidavit, vakalatnama, annexures, and court fees.

Example:

Writ of Mandamus seeking direction to police to register FIR.

Judgment:

Lalita Kumari v. State of U.P. (2013) → Mandatory registration of FIR for cognizable offence.

3️. Admission / Preliminary Hearing

Summary:

Court checks whether the petition has merit and falls under writ jurisdiction.

Court may:

• Issue Notice
• Dismiss the petition
• Give interim relief

Example:

High Court stays demolition notice on first hearing.

Judgment:

State of Uttar Pradesh v. Visheshwar (1995) → Admission stage is for prima-facie assessment.

4️. Issue of Notice to Respondents

Summary:

Court sends notice to government department/authority to file their reply.

Example:

Municipal Corporation is asked to explain illegal sealing order.

Judgment:

A.K. Kraipak v. Union of India (1969) → Principles of natural justice mandatory.

5️. Filing of Counter-Affidavit by Respondents

Summary:

Government department explains its actions with records.

Example:

Police files reply showing reasons for inaction or delay.

Judgment:

Maneka Gandhi v. Union of India (1978) → Government must justify actions affecting personal liberty.

6️. Filing of Rejoinder by Petitioner

Summary:

Petitioner rebuts the government’s reply and clarifies facts.

Example:

Petitioner denies allegations about incomplete documents.

Judgment:

S.P. Gupta v. Union of India (1981) → Transparency & counter replies essential for fair hearing.

7️. Final Arguments

Summary:

Both sides argue law, judgments, rights violations, and factual issues.

Example:

Petitioner argues that the transfer order is mala fide and violates Article 14.

Judgment:

R.D. Shetty v. International Airport Authority (1979) → Administrative actions must be fair and non-arbitrary.

8️. Final Order / Judgment

Summary:

Court passes final orders:

• Allow the petition
• Dismiss it
• Give directions
• Order compensation
• Transfer case to another authority

Example:

HC directs the university to declare withheld exam results within 7 days.

Judgment:

Nilabati Behera v. State of Orissa (1993) → Compensation for violation of fundamental rights.

9️. Review / Appeal (If applicable)

Summary:

Aggrieved party can file:

• Review Petition – same court
• SLP (Special Leave Petition) – Supreme Court under Article 136

Judgment:

P. Nalla Thampy Thera v. Union of India (1983) → Review permissible only on error apparent on record.

Summary Chart