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Chatriyan (Engineer)     22 January 2014

Writ petetion

Dear Members,

                            After filing a writ petition in High court,what is the maximum time period requierd for getting a direction from Honourable court.



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 4 Replies

Dr J C Vashista (Advocate)     22 January 2014

Indefinite time and cannot be predicted since it involve number of factors such as availbility of judge(s) hearing your writ petition, diary of the court, behaviour and response of the counsel for the respondent, vis-a-vis your own counsel, payment of fees to your counsel etc.etc.

Biswanath Roy (Advocate)     22 January 2014

There are two kinds of WRIT petitions which can be taken up by the High Courts namely :- 1. Writ under Article 226 of the Constitution of India and 2. Writ under Article 227 of the Constitution of India. In Calcutta, Bombay and Madras two types of courts are taking up writ petitions namely :-1. ORIGINAL SIDE i.e., ENGLISH COURT and 2. APPELLATE SIDE i.e., CAUSE OF ACTION ARISING OUT FROM the order of LOWER COURT or TRIBUNAL.  In the original side writ matters are normally taken up for admission on the date when it is listed for admission and order.  The interim relief of a writ matter in the Original Side is given instantaneously  WHEREAS WRIT MATTER IN THE APPELLATE SIDE takes time for giving interim relief and prolongs.

T. Kalaiselvan, Advocate (Advocate)     23 January 2014

I endorse the views of both the experts above on the subject issue.

Dr J C Vashista (Advocate)     23 January 2014

Writ jurisdiction lies in Supreme Court and High Courts under Articles 226 and 227 of the Constitiution, wherein Article 227 relate to suprintendening power over the lower (District Courts, Tribunals etc.) in lalyman's language it is appellate (technically writ) jurisdiction .

The Original jurisdiction (Delhi High Court) is related to pecuniary jurisdiction (as enjoyed by Civil Judge Senior Division in other states) of the High Court where suits valuing more than 20 lakh (under revision, which may take some more time to implement High Court decision i.e., publication of gazzatte notification of the order passed by Delhi High Court) .


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