AAP Tax Law

High Court Legal Format

Writ Petition for Certiorari under Article 226 of the Constitution of India

Updated specimen format and practical drafting guide for seeking a writ, order or direction in the nature of certiorari to challenge an unlawful decision of a public or statutory authority.

What is a Writ of Certiorari?

Article 226 of the Constitution of India empowers every High Court, within its territorial jurisdiction, to issue directions, orders or writs including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for enforcement of Fundamental Rights and for any other purpose.

A writ of certiorari is generally invoked to seek judicial review of a decision or order of a public authority, tribunal or other body amenable to writ jurisdiction. Depending on the facts, interference may be sought where the impugned action is without jurisdiction, contrary to law, procedurally unfair, affected by breach of natural justice, based on irrelevant considerations, or otherwise legally unsustainable.

Important: This is a general specimen for drafting assistance. Writ jurisdiction is discretionary, and maintainability, territorial jurisdiction, limitation or delay, alternative remedy, necessary parties, court fee, affidavit requirements and filing procedure depend on the facts, the applicable High Court Rules and current practice directions.

Official Legal & Filing Resources

Constitution of India - Legislative Department, Ministry of Law & Justice High Court of Delhi - Official Website Delhi High Court - Official e-Filing Rules, FAQs and Directions Delhi High Court - Online e-Filing Portal Delhi High Court - How to File a Writ Petition

Sample Writ Petition Format for Certiorari

The following specimen preserves the substance of a conventional Article 226 petition while using neutral placeholders. Adapt the cause title, jurisdiction paragraph, parties, facts, statutory provisions, grounds and prayers to the particular case and the rules of the High Court concerned.

IN THE HIGH COURT OF DELHI AT NEW DELHI
CIVIL WRIT JURISDICTION

WRIT PETITION (CIVIL) NO. ____ OF 20__
UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA

IN THE MATTER OF:

Mr./Ms. ____________________,
S/o, D/o or W/o ____________________,
Resident of ______________________________ ...PETITIONER

VERSUS

1. State / Union Territory / Public Authority concerned,
Through its competent officer,
Address: ______________________________ ...RESPONDENT NO. 1
2. Municipal / Statutory / Regulatory Authority concerned,
Through its competent officer,
Address: ______________________________ ...RESPONDENT NO. 2
3. Authority which passed the impugned order,
Through its competent officer,
Address: ______________________________ ...RESPONDENT NO. 3

Writ Petition under Article 226 of the Constitution of India seeking an appropriate writ, order or direction in the nature of certiorari for quashing the impugned order dated ________ passed by Respondent No. ___

To,
The Hon'ble Chief Justice and His/Her Companion Judges
of the Hon'ble High Court of Delhi at New Delhi.

The humble petition of the Petitioner above named.

MOST RESPECTFULLY SHOWETH:

1. That the Petitioner is filing the present writ petition under Article 226 of the Constitution of India seeking issuance of an appropriate writ, order or direction in the nature of certiorari for quashing the order dated ________ passed by Respondent No. ___, being contrary to law and the facts of the case.

2. That the Petitioner is a citizen/person aggrieved by the impugned action and is competent to maintain the present petition. The address of the Petitioner for service is stated in the memo of parties.

3. That the Petitioner is engaged in ____________________ at ____________________ and possesses the requisite licences, permissions or approvals, wherever legally required, for carrying on the said activity.

4. That the Petitioner holds Licence/Registration/Permission No. ________ dated ________. A true copy thereof is annexed as ANNEXURE P-1.

5. That on ________, Respondent No. ___ issued a notice/show-cause notice to the Petitioner alleging ____________________. A true copy of the notice is annexed as ANNEXURE P-2.

6. That the Petitioner submitted a detailed reply dated ________, explaining, inter alia, that ____________________. A true copy of the reply is annexed as ANNEXURE P-3.

7. That Respondent No. ___ thereafter passed the impugned order dated ________, cancelling/revoking/rejecting ____________________, without properly considering the Petitioner's reply and the material placed on record. A true copy of the impugned order is annexed as ANNEXURE P-4.

8. That the cause of action has arisen within the territorial jurisdiction of this Hon'ble Court because ____________________.

9. That the Petitioner has no equally efficacious alternative remedy in the facts of the present case / the available alternative remedy is not an absolute bar because ____________________. The Petitioner has not filed any other petition seeking the same substantive relief, except as specifically disclosed herein.

GROUNDS

The impugned action is liable to be set aside, amongst other grounds, because:

  1. the impugned order has been passed in violation of the principles of natural justice;
  2. the competent authority failed to consider relevant material and the Petitioner's reply;
  3. the action is without jurisdiction or in excess of the authority conferred by law;
  4. the decision is arbitrary, unreasonable and/or contrary to the governing statutory provisions;
  5. irrelevant considerations have been taken into account and relevant considerations have been ignored;
  6. the impugned order is unsupported by adequate reasons and is therefore legally unsustainable;
  7. where applicable, the impugned action infringes the Petitioner's rights under Part III of the Constitution, including Article 14 and/or Article 19(1)(g), subject to the facts and law governing the case.

PRAYER

In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:

a) issue an appropriate writ, order or direction in the nature of certiorari and quash/set aside the impugned order dated ________ passed by Respondent No. ___;

b) where necessary, issue consequential directions to the Respondents to restore/reconsider ____________________ in accordance with law after granting the Petitioner a fair opportunity of hearing;

c) pass such interim order(s) as may be necessary to protect the subject matter of the petition during its pendency; and

d) pass any other or further order(s) that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS, THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY.

FILED BY:

(____________________)
ADVOCATE FOR THE PETITIONER

Drawn on: __________
Drawn by: __________
Place: New Delhi
Date: __________

Documents Commonly Filed with an Article 226 Writ Petition

Filing requirements vary by High Court and by case category. Subject to the applicable rules, practice directions and registry requirements, a writ filing commonly includes:

  1. Synopsis and list of dates/events
  2. Memo of parties
  3. Main writ petition
  4. Affidavit in support of the petition
  5. Impugned order and relevant notices
  6. Documents relied upon, arranged as annexures
  7. Applications for interim relief, exemption or other incidental relief, where required
  8. Vakalatnama/authority, where represented by an advocate
  9. Proof of service or advance service, where required
  10. Prescribed court fee and filing forms, as applicable

Before filing, check the latest High Court Rules, e-filing rules, practice directions, case categorisation and registry objections on the official court website.

Frequently Asked Questions

What is a writ of certiorari under Article 226?

It is a judicial-review remedy through which a High Court may call for the record and quash an order or decision affected by a recognised public-law error, subject to the facts and maintainability of the petition.

Can Article 226 be used only for enforcement of Fundamental Rights?

No. Article 226 expressly extends to enforcement of rights conferred by Part III and “for any other purpose,” although the exercise of writ jurisdiction remains governed by settled principles of judicial review.

Is an alternative remedy always a bar to a writ petition?

Not invariably. The existence of an alternative statutory remedy is an important consideration, but maintainability depends on the circumstances and recognised exceptions. Plead the relevant facts rather than treating the specimen language as universally applicable.

Can a writ petition be e-filed in the Delhi High Court?

Yes. The Delhi High Court maintains an official online e-filing portal and separately publishes e-filing rules, FAQs, tutorials and related directions on its official website.