Koyel Das 18 October 2024
I personally want to file a writ petition under Section 226 in Calcutta High Court for enforcement of my fundamental rights. Could you please give me the following details
1.The required court fees
2. The procedure for filing a case
3. How notices are served
4. How the respondent receives a copy of the case.
T. Kalaiselvan, Advocate (Advocate) 19 October 2024
You can contact an advocate practicing law in the Calcutta high court and enquire all the details instead of learning the same from here.
Pankhuri Rastogi 19 October 2024
Hi Koyel Das,
After reviewing your query, I understand the issue, and here is my advice.
Writ petitions are filed under Article 226 (not Section 226) of the Indian Constitution when there is a violation of fundamental rights. As you have asked, I would like to tell you that the requirements of the process vary from case to case, as per the situation and material facts of the case.
Coming forward to discuss the court fees for filing a writ petition, the amount generally ranges from₹500 to₹1,000 depending on the nature of the case, as I have told you earlier. I advise you to confirm this with the registry of the High Court, but the general amount is somewhere between $500 and $1,000.
Next, we come to the procedure for filing a case. It all begins with the drafting of the petition, mentioning all the relevant details like statement of facts, grounds of the petition, basic details of the parties, and the relief which you are seeking. You also have to attach relevant supporting documents and file that in the filing section of the High Court.
Once the court registry scrutinizes it, the case will be listed for admission. If the case gets admitted after checking if there is an actual violation, the court will subsequently issue a notice to the respondent either via registered post with acknowledgment due (RPAD), emails, or personal service via a court officer. Around 4 to 5 weeks are given to the respondents for their reply. And this is how the notices are delivered.
You will have to submit multiple copies of the documents along with the petition for each respondent, and that will be sent to the respondents along with the court order (if any). The respondents are expected to file a counter-affidavit within the period set by the court stating their claims.
If you have any follow-up questions, feel free to ask.
Thank you for the query, I hope I was able to resolve your doubts
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