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Writs and Constitutional Matters

Writ petitions against the State, service matters and regulatory challenges.

Overview

What is writs and constitutional matters practice?

A writ petition asks a High Court or the Supreme Court to correct unlawful action by the State or a public authority. Atreya Legal files and defends petitions under Articles 226 and 227 before High Courts and under Article 32 before the Supreme Court, in service, licensing, tender, education and regulatory disputes.

Practice group
Disputes
Principal statute
Constitution of India, Articles 14, 19, 21, 32, 226 and 227
Heard before
High Courts, Central Administrative Tribunal, Supreme Court of India
Scope

What the practice covers

  • Challenges to government action

    Orders passed without jurisdiction, without a hearing or in breach of statute.

  • Service matters

    Recruitment, promotion, transfer, disciplinary action and pension disputes.

  • Tenders and public contracts

    Disqualification, blacklisting and arbitrary award of contracts.

  • Licences and regulatory orders

    Cancellation, suspension and refusal of licences and permissions.

  • Land acquisition

    Challenges to acquisition and claims for enhanced compensation.

  • Personal liberty

    Habeas corpus petitions and challenges to preventive detention.

Law and forums

Statutes and courts

Governing statutes

  • Constitution of India, Articles 14, 19, 21, 32, 226 and 227
  • Administrative Tribunals Act, 1985
  • Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Courts and authorities

  • High Courts
  • Central Administrative Tribunal
  • Supreme Court of India
Questions

Common questions on writs matters

What kinds of writs can a High Court issue?

Article 226 of the Constitution empowers a High Court to issue directions, orders and writs, including habeas corpus, mandamus, prohibition, quo warranto and certiorari, for the enforcement of fundamental rights and for any other purpose.

Can I file a writ if another remedy exists?

A High Court usually expects the petitioner to use an effective statutory remedy first. It may still hear the petition where fundamental rights are violated, natural justice has been denied, or the order is wholly without jurisdiction.

Contact

Discuss a writs matter with the firm.

Write or call with a short account of the facts and the papers you hold. The firm will tell you whether it can act and what the first step is.

Before you continue

Disclaimer

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