Writ Petition in Supreme Court of India

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Writ Petition in Supreme Court of India is filed under Article 32 of the Constitution of India for the exercise of the extraordinary powers of the Supreme Court of India. For filing of the writ petition in Supreme Court of India, the petitioner will have to claim and show the violation of his fundamental or legal right by any of the statutory authorities, a wing of the state.

The following types of writs can be issued by the Supreme Court on a Writ Petition in Supreme Court:

1. Writ of Mandamus
2. Writ of Prohibition
3. Writ of Certiorari
4. Writ of Quo Waranto
5. Writ of Habeas Corupus

Important documents to be enclosed :

(i) Affidavit of the petitioner duly sworn should be filed.

(ii) Annexures as referred to in the Writ Petition, with court fees of Rs.2/- per annexure be filed along with the Writ Petition.

(iii) 1+5 copies of the Petition duly bound be filed.

(iv) Court fee of Rs.50/- per petitioner for civil matters, for criminal matters, no fees is required in the Writ Petition.

(v) Index of the paper book is to be filed alongwith .

(vi) Cover page on the top containing the name and details of the petition is to be filed alongwith the Writ Petition.

(vii) Application for interim relief, stay, exemption etc. can also be filed alongwith the Writ Petition.

(viii) Memo of appearance, Rs. 5/- Court fee is required to be filed along with the Writ Petition.

IMPORTANT NOTE:
i) Writ petition in Supreme Court of India can be filed by the aggrieved person or through his lawyer.

ii) The format for writ petition is prescribed and the writ petition should be filed in the said format itself.

iii) The listing of the writ petition is through the Registry of the Court which scrutinizes the petition before placing the same before the court.

FORMAT OF WRIT PETITION IN SUPREME COURT OF INDIA

SYNOPSIS AND LIST OF DATES MENTIONING THE IMPORTANT DATES AND EVENTS LEADING TO THE FILING OF THE WRIT PETITION IN SUPREME COURT OF INDIA CHRONOLOGICALLY IS TO BE GIVEN.

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION CIVIL WRIT PETITION NO. OF ———-.
IN THE MATTER OF
ABC …..Petitioner
Versus
XYZ ….Respondents
PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT

To
The Hon’ble The Chief Justice of India and His Lordship’s Companion
Justices of the Supreme Court of India

The Humble petition of the Petitioner above named:

MOST RESPECTFULLY SHEWETH:

1. Facts of the case (Give a brief of the facts leading to the filing of the writ)
2. Question(s) of Law (State in brief the questions of law involved)
3. Grounds (Grounds on which petitioner is seeking relief)
4. Averment: (Give facts of the case)

That the present petitioner has not filed any other petition in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER

In the above premises, it is prayed that this Hon’ble Court may be pleased:
(i) (Relief claimed by the petitioner)
(ii) to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL AS IN DUTY BOUND, EVER PRAY.
FILED BY:
ABC/ Name of the advocate
DATE:

I N D E X

Sl. No. PARTICULARS PAGES
___________
1. Synopsis and List of Dates
2. Writ Petition along with Affidavit in support
3. Annexures
4. Application if any

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CIVIL WRIT PETITION NO. ————-OF—————-.
ABC …..Petitioner
Versus
XYZ ……Respondent

P A P E R – B O O K
FOR INDEX KINDLY SEE INSIDE
FILED BY:
Filed on: