A.
Dear Client,
A writ of mandamus is typically issued by the High Court under Article 226 of the Constitution of India when a public authority has failed or refused to perform a mandatory duty despite being requested to do so. A writ of mandamus compels a public authority to perform its legal duty, and the police are considered a public authority. You can mention police officials or government officials as the sole respondents in a mandamus writ petition if they are responsible for the alleged failure to perform a public duty. The writ of mandamus is primarily used against public authorities to compel them to perform their statutory duties. The names of the main accused can be included as respondents in a writ of mandamus petition, but only if they are also a public authority or have a public duty that is being violated. When a writ petition is heard on the merits, the court considers the substance of the claim, the evidence presented, and the legal arguments to decide whether the petitioner is entitled to the relief sought. The contents of the writ petition shall include: a clear statement of the facts, supporting documents, the specific relief sought, and a duly sworn affidavit verifying the facts. So, you can mention the inaction of the police on your complaint or private complaint in the writ petition. The advocate's fee for filing a writ of mandamus in the High Court can vary based on several factors, including the advocate's experience, the complexity of the case, costs associated with court fees and other expenses, and the specific High Court involved. Hence, it is recommended to consult with an experienced Advocate for tailored advice and a well-drafted writ of mandamus to access justice in the matter.
Posted On 04-May-2025
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