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Writ Petition at Calcutta High Court
3 months ago
Can I file a Writ of Certiorari at Calcutta High Court in Person against the Order of Officiating Chairperson and Member(A) of WBAT? At present there is no judge in WBAT and no Division Bench. As a Petitioner in Person, I filed OA in WBAT.
A.Dear Client,
The writ of certiorari can be applied by the parties aggrieved by a decision of a lower court or any other administrative body. The appellant who seeks the writ of certiorari must demonstrate that they have a direct and substantial interest in the case and that they have exhausted all available remedies within the lower courts before seeking review of a higher court. A writ of certiorari is issued by the Supreme Court and High Court when a court, tribunal or officer has acted or passed an order without jurisdiction or in excess of judicial authority. If the order was against the principle of Natural Justice. If the order contains an error of judgment. The Supreme Court ruled that the certiorari can be issued even against administrative authorities affecting the rights of individuals. The procedure to file a writ of certiorari is similar to filing any writ petition which means, this writ can be filed either in the Supreme Court under Article 32 or in the High Court under Article 226 of the Constitution of India. A writ of certiorari enables the higher courts to quash the decisions or orders of the lower courts or administrative bodies when they violate the principle of natural justice, make an error of law, or give conflicting decisions. By allowing the review of jurisdictional errors and errors of law, this writ upholds the principles of justice and ensures the proper interpretation and application of the law. Nothing prevents a person from filing a writ petition in the High Court in person. However, it would always be advisable to take legal advice before filing a writ petition in person.
The writ of certiorari can be applied by the parties aggrieved by a decision of a lower court or any other administrative body. The appellant who seeks the writ of certiorari must demonstrate that they have a direct and substantial interest in the case and that they have exhausted all available remedies within the lower courts before seeking review of a higher court. A writ of certiorari is issued by the Supreme Court and High Court when a court, tribunal or officer has acted or passed an order without jurisdiction or in excess of judicial authority. If the order was against the principle of Natural Justice. If the order contains an error of judgment. The Supreme Court ruled that the certiorari can be issued even against administrative authorities affecting the rights of individuals. The procedure to file a writ of certiorari is similar to filing any writ petition which means, this writ can be filed either in the Supreme Court under Article 32 or in the High Court under Article 226 of the Constitution of India. A writ of certiorari enables the higher courts to quash the decisions or orders of the lower courts or administrative bodies when they violate the principle of natural justice, make an error of law, or give conflicting decisions. By allowing the review of jurisdictional errors and errors of law, this writ upholds the principles of justice and ensures the proper interpretation and application of the law. Nothing prevents a person from filing a writ petition in the High Court in person. However, it would always be advisable to take legal advice before filing a writ petition in person.
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