Most writ petitions that fail at the preliminary hearing fail for the same handful of avoidable reasons. This checklist covers what to confirm before filing rather than after an adverse order.
Before drafting
- Confirm no adequate alternate remedy exists, or that it has genuinely been exhausted
- Identify the specific public functionary or authority whose action is challenged
- Establish which of the five writs — mandamus, certiorari, prohibition, quo warranto, habeas corpus — fits the relief sought
- Check there is no unreasonable delay (laches) in bringing the petition
Drafting the petition
- State the facts chronologically and without argument, reserving legal submissions for the grounds
- Frame grounds around excess or absence of jurisdiction, or violation of a fundamental right, not mere disagreement with the outcome
- Attach the impugned order or action as an annexure
- Verify the petition and supporting affidavit are properly sworn
Before filing
- Confirm the correct respondents are named, including the relevant government functionary
- Check limitation and any procedural notice requirement, such as notice under section 80 CPC where a government department is a respondent
- Prepare for an interim relief application if the matter is urgent
What to do next
Bring the impugned order, correspondence with the authority concerned, and a note of when the cause of action arose.