A writ petition is filed in the High Court or Supreme Court for enforcement of fundamental and statutory rights of a person. In addition, a writ petition can not be filed in a court below the rank of a High Court.
An appeal is a petition in which a party challenges the order passed by a subordinate court before the higher court. In some cases appeal lie directly in the Supreme Court. Like the appeal in TADA cases used to go directly to Supreme Court and not to the High Court.
A writ petition can be filed directly in the High Court or Supreme Court but in case of an appeal the court of lowest rank has to first decide the issue and only after the decision is taken, the appeal can be filed.
A writ petition can be filed by any party totally unrelated to the issue but in case of an appeal, the right to file an appeal lies only with the person who is a party in the original case. No third person, unless affected by the order of the court, can file an appeal in general.
What is the procedure for filing writ as petitioner in person before a high court.
There are various types of writs that can be filed in the high court under section 226 of the Indian Constitution. Choose the right one before you proceed further.
The following steps should be followed to file a writ petition:
The very first step is ascertaining whether the cause of action is remedial by the issue of a writ.
The aggrieved person needs to file a petition with the help of a lawyer or by himself annexing all the documents necessary, affidavit and the prayer.
This petition will be filed in the filing counter of the respective High Court and a future date for consideration of the matter will be given.
On this date the lawyer or the person himself can plead the matter, the High Court has the power to accept or dismiss the petition.
If the court admits the petition, then a notice is sent to the opposite party and another date of hearing is given by the Court.
On the date of hearing the contents are settled and the Court grants relief as it finds appropriate.
Important points to remember:-
If the petition is dismissed, no fresh petition can be filed on the same cause of action.
It is advisable that the aggrieved party consult a lawyer and let the lawyer file the petition with his expertise.
In case of a Habeas Corpus petition, the petition can be filed by a simple application of the aggrieved.
The procedure for filing a writ application before a high court is rather simple.
You have to apply in a simple format prescribed by the respective high and append the copies of the documents you wish to rely on to substantiate your case.
The high court ordinarily hears you before issue of notice to the opposite parties.
On return of the completed service report on notice, the court hears both the parties and takes a decision on what orders are to be Page on passed. As regards the fees, it is subjective and no yard stick can be prescribed.
Thirdly, you can always seek the support of the alternative disputes resolution for a available.
They even provide free legal defence if you are incapable of appointing a lawyer to present your case.