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WRIT PROCEEDINGS RULES, 1977

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IGH COURT OF ANDHRA PRADESH

Roc. No. 136/SO/77 : - By virtue of Article 225 of the constitution of India and all other powers hereunto enabling and in supersession of the
existing rules, the High Court of Andhra Pradesh hereby makes the following rules to regulate the proceedings under Article 226 of the Constitution :

Rules to regulate proceedings under Articles 226 of the constitution.

1. (a) These rules may be called the Writ Proceedings Rules, 1977.

(b) These rules shall come into force on the 4th day of June, 1977.

(c) These rules shall apply to the petitions, applications and appeals filed on or after the 4th day of June,1977.

2. In these rules the expression ‘Petition shall mean a Writ Petition and the expression “Application” shall mean a Miscellaneous Application.

3.(a) A petition for a direction, order or writ, including a writ of habeas

corpus, mandamus, certiorari, quo warranto or prohibition shall be
by an original petition to be entitiled “Writ Petition No…………of ………… and shall be
filed in the office of the Registrar by the petitioner or his duly authorized advocate or
attorney:

(b) An application shall be entitled Writ Miscellaneous Petition in the Writ Petition.

Provided that any such petition or application to the High Court by a person who is in jail and has not appointed an advocate or an attorney
on his behalf, may be presented to the Officer-in-charge of the Jail, who shall forward the petition or application to the High Court without delay.

4. (a) Every such petition shall set out the provision of law under
which it is made and shall contain the following particulars:

(i) The name, description and place of residence of the petitioner.

(ii) The name, description and place of residence of the respondent so far as they can be ascertained: and
(iii) The relief or reliefs sought

(b) The petition shall be signed by the petitioner or his advocate or attorney and the facts relied on by the petitioner shall be verified by an
affidavit which shall be filed along with the petition.

1*4A Two or more persons raising common questions of law or persons having a common
cause of action may join in a single writ petition paying a single set of court fees.

5 (a) Every affidavit shall be drawn up in the first person and shall set forth succinctly and in
chronological order all the relevant facts and the grounds for the relief sought. The
statement of facts shall be divided into consecutively numbered paragraphs, each
paragraph being confined as nearly as may be to a distinct portion of the subject.

2* (b) The affidavit shall state:-

(i) the particular right conferred by the provisions of Part III of the Constitution of India sought to be enforced:

(ii) the other purpose for which relief is sought:

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(iii) the particular law impugned and how it is not constitutionally valid and whether it is a State Law, Central Law or State and Central
Law:

(iv) Whether any alternative remedy for the relief sought is provided for by or under any other law for the time being in force, and
whether that remedy has been availed of and if so, with what result, by way of a separate paragraph:

(v) Whether the petitioner had or had not already filed a writ petition in the High Court or instituted any suit or other legal
proceedings in any Court of Law or Tribunal either for the same or substantially the same relief on a previous occasion and if he
had done so, the particulars of the petition, suit or other proceedings and the result thereof shall also be mentioned in the affidavit,
by way of a separate paragraph.

(c) When the deponent speaks to facts within his knowledge he shall do so directly and
positively using the words:

I make oath (or affirm) and say ..................

(d) When a particular fact is not within the deponent’s knowledge, but is stated upon
information the deponent shall use the words I, am informed by (giving the source of
information) and verily believe it to be true and set out the grounds of his belief.

(e) Every affidavit stating any matter of opinion shall show the qualification of the deponent
to express such opinion by referring to his length of experience, acquaintance with or
other means of knowledge of the person or matter as to which the opinion is expressed.

(f) A petition for a Writ of Habeas Corpus shall be accompanied by an affidavit by the
person restrained setting out the nature and circumstances of the restraint:

Provided that where the person restrained is unable owing to the restraint to make the affidavit, the petition shall be accompanied by an
affidavit made by some other person acquainted with the facts, which shall state the reason why the person restrained is unable to make the
affidavit.

(g) An application shall state the provisions of Law under which it is made and shall not
contain more that one prayer unless the prayers are consequential.

3*6 (a) (1) Every petition shall be accompanied by an affidavit and all the documents serially
numbered as Ex.P-1,p-2 etc. including rules Bye-laws, notifications etc., relied upon by
the petitioner and the order challenged or a certified copy thereof and copies of all
documents which shall be certified by the party filing it to be a true and correct copy of
the original of such documents of it is not a certified copy.

(2) When such petition is directed against the Order of a Quasijudicial nature passed by any Industrial Tribunal, Labour Court, or any other
like authority or made in any disciplinary proceedings, by a copy of the award, the report of the Enquiry Officer, the order of the Disciplinary
Authority and the Order of the Appellate Authority passed on such Appeal, if any, and shall be marked and serially numbered as mentioned
in sub-rule (1) above.

(3) The petition shall be accompanied by as many authenticated copies of the petition, affidavit and the said documents as there are parties to
be served and three additional sets for use of the Court. These shall be separately filed as paper books marking each set.

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(4) The petition shall also be accompanied by the prescribed Court Fees and Process Fees. The petition, affidavit and its enclosures filed in
Court shall be duly stitched book-wise and indexed. The Process papers shall be separately stitched as paper book and filed.

(b) Where the petitioner has already served the authenticated copies of the petition, affidavit and documents on the party against who such
petition is filed it shall not be necessary to file copies for them under sub-rule(a) but the petitioner shall make a statement to that effect by an
additional affidavit and produce proof of service of the documents.

7 (a) Whenever a petition or application is presented against the Government, or any authority, the copies of the petition: application and the
accompanying affidavit and documents shall be served on the Government Pleader or the Standing counsel concerned, and the said petition
or the application shall not be accepted in the Registry unless it contains an endorsement of service signed by the Government pleader or
the Standing-Counsel concerned, or by the Secretary of the Government Pleaders’ office or by someone authorized by him in this behalf, not
below the rank of a Superintendent, or by a Registered Clerk of the Standing Counsel concerned, as the case may be, or by a person so
authorized by the Standing Counsel concerned under intimation to this Registry.

(b) Every application for an Interim order shall state whether copies of the petition, affidavit and documents have been served on the opposite
party or parties and if served, produce proof thereof, or if not served, state the reason therefor.

8 (a) Every petition or application shall soon after it is numbered, be posted for orders of the Court as to issue of rule nisi or notice to the
respondents. The Court may, upon hearing the petitioner or applicant or his advocate, either direct rule nisi or notice to issue and pass such
interim orders as it may deem necessary, or reject the petition or application.

Provided that an application for an interim order shall not be posted for orders of court under this sub-rule, unless a period of not less than forty
eight hours elapsed between the service of the copy of such application in accordance with Rule 7(a) on the Government Pleader or the Standing Counsel
concerned:

Provided further that notwithstanding anything contained in the first proviso, if the applicant files an affidavit stating that the object of obtaining an
order would be defeated by the delay of forty-eight hours, the application may be posted for orders of court soon after it is numbered and the court may, if
it opines that the object of granting the order would be defeated by the delay of forty-eight hours, pass an order in the absence of the Government Pleader
or Standing Counsel concerned recording the reasons for the said opinion, fix a date for hearing and require the applicant to deliver to the Government
Pleader or Standing-Counsel concerned a gist of the said order informing the date fixed for hearing and file into court on the day immediately following the
day on which the order was passed, proof of its delivery.

(b) In cases where the respondents are the persons other than the Government or any other authority who are represented by the Government
Pleader or Standing counsel concerned and where the court is inclined to pass an order against those respondents before serving notice of the
petition or application on them, the court may do so recording reasons for so doing and fix a date for hearing requiring the petitioner or
applicant to deliver to those respondents, or to send to them by Registered Post, immediately after the order has been made a copy of his
petition application and the accompanying affidavit and documents on which he relies and a gist of the said order informing the date fixed for
hearing and to file into court on the day immediately following the day on which the said order was passed, proof of such delivery or an affidavit
stating that the copies aforesaid have been so sent.

(c) Where it is deemed necessary, the court may instead of directing the issue of rule nisi,
cause a notice to be served on the respondent to show cause why rule nisi should not be issued.

9(1) Where any party against whom an interim order whether by way of injunction or stay or in any other manner, is made on, or in any proceeding
relating to, a petition under clause (1) of Article 226 of the Constitution, without –

(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order : and

(b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of
such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the
application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so
furnished, whichever is later, or where the High court is closed on the last day of that period, before the expiry of that period, or , as the case
may be, the expiry of the said next day, stand vacated.

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(2) The application referred to in sub-rule (1) shall contain an endorsement of its service or the
petitioner or his or her counsel or the respondent shall produce proof such service
separately.

(3) The application referred to in sub-rule (1) shall be numbered as WVMP.

10. (a) Unless the Court otherwise directs the rule nisi together with a copy of the petition, affidavit and documents in support thereof shall
be served on the party against whom such a petition is filed or on such other party or person as the court may direct, not less than 14 days
before the date fixed for the hearing of the rule nis1. If the rule nisi is returned unserved or is not returned served before the date fixed for
the hearing, the petition shall be posted before the Registrar who may give such further directions regarding the steps to be taken for
effecting service as may be necessary.

Provided that where a party enters appearance, service of all petitions, affidavits and documents on the advocate or the attorney shall
be deemed, to be service on the party for the purpose of these proceedings.

4*(b) Service of rule nisi or notice, shall ordinarily be effected by registered post with acknowledgement due and the party shall deposit in the
shape of court fee stamps the amount required for meeting the postal charges subject to a minimum of Rs.20/- for each respondent.

11 (a) In every petition for issue of a writ of Habeas Corpus, the respondent shall on a rule nisi being issued produce the person concerned
unless the court for reasons to be recorded in writing dispenses with such production.

(b) On sufficient cause being shown the High Court may during the pendency of a petition for issue of a writ of Habeas Corpus, release
the person detained or restrained on bail on such terms and conditions as it may deem fit.

5*12 (i) (a) Every Respondent in every Writ Petition intending to enter appearance and oppose any Writ Petition on which notice is
issued by the High Court, shall enter appearance and file a Counter Affidavit in opposition as soon as may be and in any event not later than
six months from the date of service of notice in the Writ Petition or the Service of Rule nisi on the said Respondent “unless otherwise directed
by the court”.

(b) Reply affidavits shall be filed unless otherwise ordered, within one month of receipt of copy of the Counter Affidavit.

(ii)
No Counter affidavit filed beyond six months from the date of service of notice on the
opposite party or parties in the Writ Petition shall be received or be used at the hearing
of the Writ Petition unless the Court permits the Respondent on an application containing
Special reasons to do so.
(iii) Affidavits in opposition and affidavits in reply thereto shall be filed in the Registry along
with authenticated copies of documents on which the party relies duly stitched
book-wise and indexed after service on the opposite party or parties. No such affidavit
shall be entertained after the time extended in sub-rule (ii) without the leave of the Court.

13(a) The copies of documents shall be fairly and neatly type-written on substantial white foolscap paper with an outer margin 2” wide, and inner
margin 1 “ wide, and shall be stitched book-wise. The copies of the documents shall be arranged in chronological order. The pages shall be
numbered and indexed. The copies of documents filed along with the petition and filed subsequently shall bear consecutive numbering.
The copies of the documents shall be certified to be ‘true copies’ by the counsel on record.

(b) While filing the documents the petitioner shall mark his document as ‘P’ series and the Respondent as ‘R’ series. If there are more
respondents than one, each respondent shall mark his document as ‘R-1’series, ‘R-2’ series and the like according to his rank among the
respondents. The parties shall give continuous page numbers to all the documents filed by them and furnish an index.

14 (a) The following petitions shall be heard by a Bench of two Judges

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(i) Petitions for a writ in the nature of Habeas Corpus:

(ii) Petitions relating to Elections under the Representation of the People Act, 1951

(iii) Petitions relating to Income-tax, Gift-tax, Wealth-tax, Estate duty, Sales-tax and Excise Acts and other Allied Acts (State and Central
Taxation Cases)

6*(iv) Petitions relating to matters coming within the purview of :-

A.P. Land Grabbing (Prohibition) Act,1982.

Administrative Tribunals Act,1985,

A.P Lokayukta & Upa - Lokayukta Act, 1983 and

The Consumer Protection Act, 1986).

(b) All other petitions shall be posted before a Single Judge who may, if he thinks fit, refer any of them to a Bench of two Judges.

15 The party to the proceedings under the rules shall be entitled to inspect the records called for and relating to the proceedings, on a
request made in writing in that behalf to the Government Pleader or the Standing Counsel concerned. If such a request is refused, the party
shall be entitled to apply to the court for directions in that behalf.

16 (a) The Court may at any stage of the proceedings, either upon or without any application and on such terms as may appear to be just, order
that the name of any party in improperly joined be struck out, and that the name of any person who ought to have been joined or whose
presence may be necessary in order to enable the court effectually and completely to adjudicate upon and settle all the questions in the
petition, be added.

(b) At the hearting of the petition or application, any person who desires to be heard in opposition to the petition or application and appears to
the court to be a proper person to be heard may be heard, subject to such conditions as to costs as the court may deem fit to impose.

17 (a) The memorandum of appeal against an order in a petition or an application shall be in the form prescribed or an appeal under the Letters
Patent but will be registered and numbered as a “Writ Appeal”.

(b) An application for an interim order in a writ appeal shall be numbered as a “Writ Appeal Miscellaneous Petition”.

18 Such memorandum shall be accompanied by –

(i) the court fees prescribed therefor:

(ii) proof of service of notice on all the parties who had appeared at the hearing of petition.

(iii) Two typewritten copies of the order appealed against:

(iv) Two additional copies of the memorandum : and

(v) two copies of all other papers on which the appellant intends to rely

19 The appeal shall, as soon as may be after it is numbered, be posted before a Division Bench who may dispose of it at once or adjourn it for
further hearing.

20 Where a petitioner unduly delays the bringing of a petition to hearing the Registrar shall call upon him to explain the delay, and after

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notifying all parties who have entered appearance, place the petition and the explanation if any, before the court for such directions as the
court may think fit to give thereon.

21 Unless the court otherwise directs, the direction or order made or the rule absolute issued by the High Court shall be implemented within
two months of the receipt of the order.

22 (a) In all proceedings to which these rules apply, the court may make such order as to costs and security as it may consider just and
necessary.

7*{(b) In all petitions and appeals under Article 226 and 227 of Constitution of India, and in all appeals arising there from under Clause 15
of Letters Patent the Court shall fix such fees as it considers to be just and proper and irrespective of whether the petition or appeal,
as the case may be, as allowed, dismissed or disposed of}

( c) Notwithstanding anything contained in sub-rule (b), where the courts is of the opinion that any party to the proceedings or any
other person or authority has made averments false to his knowledge or deliberately suppressed material facts, or mis-represented or
indulged in vexatious proceedings, it may award such amount of exemplary costs as it may deem fit in the circumstances of the case,
in addition to the costs that may be awarded under clause (b).

23 (a) A party to whom costs have been awarded in a Writ Petition or a Writ Appeal or an application therein may obtain an order of the
court for transmission for the purpose of execution, or the order of costs to the court of the District Munsif or to the Court of the
Subordinate Judge in the State in whose jurisdiction the party against whom the order is to be executed ordinarily resides or carries on
business or has property which can be attached.

(b) An application for such transmission shall be made by a verified Miscellaneous Petition under the title of the Writ Petition or Writ
Appeal, in addition to such particulars as may be necessary, and mention the court to which the transmission is sought. It shall also be
a accompanied by a copy of the order sought to be transmitted for execution.

(c) A court fee Rs.2 shall be affixed to the Miscellaneous Petition and the applicant shall also pay into court a transmission fee of Rs.4
only in the shape of court fee stamps.

(d) The Registrar shall dispose of a Miscellaneous Petition for transmission. He may in his order provide also for the costs of the
Miscellaneous Petition and shall, if he so provides, direct the recovery there of along with the sum recoverable under the order
transmitted.

24 All other rules relating to causes and matters coming before the Original Side and Appellate Side of the High court and the
provisions of the Code of Civil Procedure, 1908 will apply to the Writ Petitions and the Writ Appeals in so far as they are not
inconsistent with these rules.

25 The court may, on an application being made, set-aside an order dismissing for default or an exparte order subject to payment of
such costs and such other conditions as it may think fit to impose

26 The forms set out in the Appendix hereto shall be used with suitable modifications wherever necessary.

27. (1) The Rule Nis1 and Notice in the Writ Petition and Writ Miscellaneous Petition respectively or in the Writ Appeal and Writ Appeal
Miscellaneous Petition respectively shall be issued to the respondents therein in the Composite Notice Form No.7 set out in the
Appendix hereto and the Rule Nis1 and Notice so issued and served shall be treated as sufficient Notice to the respondents of the
hearing of writ Petition and Writ Miscellaneous Petition or Writ Appeal and Writ Appeal Miscellaneous Petition, as the case may be.

(2) The following Composite Form No.7 shall be substituted for the existing Form No.7 set out in the Appendix to the Writ Proceedings
Rules 1977.

Note:- Rule 27 is newly inserted as per R.O.C. No. 1209/S0/82, dated 16th December 1982 and published in A.P.Gzette, Part II at page 142,dated

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10th March 1983.

8* {Rule 28 : Rule for Destruction of the Records in the Writ Petitions and Writ Appeals (vide Appendix I and II}.

Writ Petitions and Writ Appeals.

I Writ Petition:-

PART – I

1. Index

2. Impugned order.

3. Affidavit.

4. Writ Petition.

5. Counter or Counters.

6. Reply Affidavit or Reply Affidavits, if any.

7. Order of the Court, and Docket Order

8. Writ absolute.

PART – II

All Miscellaneous Petitions where only notice was ordered.

Notice papers

Vakalatnama and Memo of Appearance

Implead Petitions, L. R. Petitions.

Petitions for fixing date of hearing and Expedite Petitions

All other Miscellaneous Petitions.

II Writ Appeal:

PART – I

Index

1 Memorandum of grounds of Writ Appeal

2 Judgment in the Writ Appeal.

3 Docket Order, order of the court, if any,

4 Writ absolute.

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5 Additional pleadings, if any.

6 Counter Affidavit and reply Affidavit.

PART – II

Implead Petitions. L. R. Petitions and other Miscellaneous Petitions.

Petitions for Interim Orders (draft orders).

Miscellaneous Petitions where only notice was ordered.

Notice papers.

Memo of Appearance.

Expedite Petitions.

Petitions for fixing date of hearing and all other Miscellaneous papers.

In the case of writ Petitions, the Writ Petitions bundle shall be divided into Part-I and Part – II for the purpose of destruction of the records.
Part-I shall consist of the impugned order, the affidavit, Writ Petition, Counter or Counters Reply Affidavit or Reply Affidavits, if any and the order of
the Court. Part-I records shall be preserved permanently.

Part-II shall consist of the rest of the papers filed in the writ Petitions. Part–II papers shall be destroyed, if no appeal is preferred against the
order in the Writ Petition after two years from the date of disposal of the case.

The Writ Appeal bundle shall be divided into two parts, viz., Part-I and Part-II, Part-I shall consist of the Memorandum of Grounds of Writ
Appeal, Judgment in the Writ Appeal, and the Writ Absolute and additional pleadings, if any, and it shall be preserved permanently.

Part-II shall consist of the rest of the papers filed in the Writ Appeal and it shall be destroyed if no appeal is preferred against the order in the
Writ Appeal, after two years from the date of disposal of the case.

Regarding Miscellaneous Petitions filed in the Writ Petitions, Writ Appeals, only the orders passed in the Miscellaneous Petitions including the
docket orders shall be preserved permanently. The rest of the papers filed shall be preserved for a period of one year and thereafter the same can
be destroyed.

“One month’s notice of destruction of the records shall be displayed on the Notice-Board of the High Court and also on the Notice – Board of
the High court Bar Association”.

N.B.:- The Records in the Writ Petitions, and Writ Appeals which were disposed of prior to 31.12.91 shall be preserved for a period of two
months from the date, these Rules come into force and thereafter they can be destroyed. In the cases disposed of during the period from 1.1.1992
till the date these rules come into force, the records shall be destroyed six months after these rules come into force. These Rules shall come into
force with effect from 1.11.1993, or the date of publication of the Rules in the Official Gazette, whichever is earlier.

Annexure - I

APPENDIX - I

RULES FOR DESTRUCTION OF RECORDS – UNDER RULE 28 OF THE WRIT PROCEEDINGS RULES, 1977.

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Table Showing The Periods Prescribed for the retension

of Various parts of the Records in the writ Petitions and Writ Appeals

Nature of Proceedings No. of Years for which

Records are to be Retained
Part – I Part – II
(1) (2) (3)
WRIT PETITIONS

Index

Impugned order
Affidavit Permanent

Writ Petition Do.

Counter or Counters Do.

Reply Affidavit or Reply

affidavits, if any. Do.

Order of the Court and Docket Do.

order
Do.
Writ Absolute
2 years
All Miscellaneous Petitions
where only notice was ordered
Do.
Notice Papers
Do.
Vakalatnama and Memo of
Appearance
Do.
Implead Petitions, L.R. Petitions

Petitions for fixing date of Do

hearing
and Expedite Petitions Do

All other Miscellaneous Petitions

Annexure – I

APPENDIX - II

No. of Years for which

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Nature of Proceedings Records are to be Retained

Part – I Part – II
(1) (2) (3)
WRIT APPEALS

Index

Memorandum of Grounds of
Writ Appeal Permanent

Judgment in writ Appeal Do.

Docket Order, Order of court, if Do.

any.
Do.
Writ absolute.
Do.
Additional pleadings, if any
Do.
Counter Affidavit and Reply
Affidavit.
2 years
Implead Petitions, L. R. Petitions
and other Miscellaneous Do.
Petitions

Petition for Interim Order (Draft Do.

orders)

Miscellaneous Petitions where

only notice was ordered.

Notice papers

Memo of Appearance Do

Expedite Petitions

Petitions for fixing date of

hearing and all other
miscellaneous papers

-ooOoo-

APPENDIX-FORMS

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FORM NO. 1

Form of Petition

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

Special Original Jurisdiction

Writ Petition No……………….of 19……………..

A.B Petitioner

and

C.D. Respondent

Petition under Article 226 of the Constitution of India

The Petition above-named states as follows:-

1 The petitioner is (give, description and address).

2 The address of the petitioner for service of all notices. The respondent is (give, description and address).

3 For the reasons set out in the affidavit filed herewith, the petitioner prays that (set out the reliefs sought).

(Signed) Petitioner.

(Signed)Attorney/Advocate for Petitioner.

-ooOoo-

FORM NO. 2
Order Directing issue of Writ of Habeas Corpus

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERBAD

Day, the ………..……… day of ………………

One thousand nine hundred and

Present:- The Honourable Mr. Justice:

and

The Honourable Mr. Justice:

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Writ Petition No. ……………………….of 19 …………….

Between:
.. Petitioner

AND

... Respondent

Petition under Article 226 of the constitution of Indian, praying that in the circumstances set out in the affidavit filed therewith, court may be
pleased to issue a writ of Habeas Corpus, etc.

The Petition coming on this day for orders, upon reading the petition, etc., and upon hearing Mr. …………………. for the petitioner, and Mr.
………………………… for the respondent, it is ordered that a Writ of Habeas Corpus, do issue directed to the superintendent, Central Jail, at
…………………. requiring him to produce the body of …………….. confined in the said jail, immediately before this court to be dealt with according
to law.

Deputy Registrar.
To
1. The Superintendent, Central Jail (in duplicate)
2. The Chief Secretary to the Government of Andhra Pradesh, General Administration
Department, Hyderabad (with covering letter).
3. The District Magistrate ……………………………….
(Docket)

ORDER

Writ Petition No. ………………………..of 19…………………….

Directing the release from custody a detenue in the Central Jail
at ……………………………………………………

-ooOoo-

FORM NO. 3

Writ of Habeas Corpus

IN THE HIGH COURT OF JUDICATURE: ANDHRA PRADESH AT HYDERABAD.

To
The Office-in-charge of Jail / Asylum.

…………………………………

The Superintendent of
……………………………………..

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You are hereby directed to produce the body of

now a prisoner in (name Jail)
………………………………………..

now in custody in (Asylum)

Now in your charge, under safe conduct before the High Court of Judicature, Andhra Pradesh, Hydeerabad on …………....(date)…………at

…………………..(hour) in the forenoon of the same day and unless the said ………………… shall then and there be ordered by the said court to be
released, cause him to be conveyed back under safe custody to the Jail/Asylum/custody.

Witness the Honourable Mr. ……………………………. Chief

Justice of the High Court of Judicature, Andhra Pradesh: at Hyderabad,

this ……………………………. Day of …………………… in the

year One thousand nine hundred and

Deputy Registrar.

-ooOoo-

FORM NO. 4

IN THE HIGH COURT OF JUDICATURE: ANDHRA PRADESH AT HYDERABAD

Day ………………… the …………………..day of ……………… one thousand nine hundred and

Present:- The Honourable Mr. Justice

And
The Honourable Mr. Justice
Writ Petition No………………………. of 19 …………….
In the matter of ………………… …………………. A detenue in the Central Jail at .. Petitioner.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated therein and in the affidavit filed therewith, the
High court will be pleased to issue a Writ of Habeas Corpus for production before the High Court, Andhra Pradesh at Hyderabad, the person of
…………………..a detenue in the Central Jail at …………………………. to be dealt with according to law and direct that he/they be set at liberty.

ORDER

This petition coming on for orders/hearing, upon perusing the petition and the affidavit filed in a support thereof and other papers material to
this petition, and upon hearing the arguments of Mr.…………………… Advocate for the petitioner, and of Mr. ……………………… for the Public
Prosecutor on behalf of the State, it is ordered that ……………….. now a detenue in the Central Jail at ………..under ……………….

(Specify Act) be released forthwith from custody, unless he is liable to be detained in custody for some other cause.

Deputy Registrar,

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Assistant Registrar
Dated ………………………
“True copy”
To
1. The Superintendent, Central Jail (in duplicate).
2. The Chief Secretary to the Government of Andhra Pradesh, General Administration
Department, Hyderabad (with covering letter).
3. The District Magistrate. ……………………………………

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FORM No. 5

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH, AT HYDERABAD.

Where as this Court has granted a Writ of Habeas Corpus directed

…………………………………..… to ( or other person) having the custody

of ………………………… commanding him to have the body of …………..

………………………. before the said court…….………………………..at

the High Court of Andhra Pradesh at Hyderabad immediately to undergo and

receive all and singular such matters and things as the court shall then and

there consider of concerning him in this behalf:

Now, take notice, that you are hereby required to have the body of the

said ………………………………………… before the said court on the day

of ……………………………19, at the ……………………….hour of in the

fore ( or after) noon. And to make a return to the said writ. Or in default

thereof the said Court will then, or so soon after as counsel can be heard, be

moved for an attachment against you for your contempt in not obeying the

said Writ.

Dated the ………………….day of ………………………19 ……………..

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Deputy Registrar

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FORM No. 6
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH, AT HYDERABAD.

Day, …………………..the ……………day of……………….one thousand nine hundred and …………………

Present:- The Honourable Mr. Justice

And

The Honourable Mr. Justice

Writ Petition No………………………. of 19 …………….

BETWEEN:
1. Petitioner
And
2 Respondent

Petition praying that in circumstances stated in the affidavit filed therewith, the High Court will be pleased to issue a writ of certiorari calling
for the records in ………………… on the file of the …………………. And quash the order therein.

This petition coming for orders, upon perusing the petition, the affidavit filed in support thereof and upon hearing the arguments of
Mr………………………. Advocate(s), the petitioner, it is ordered as follows:-

1) that a writ of certiorari nisi returnable do issue to the calling for the records in ………….………. on the file of………..

2) that a rule nisi do issue to the respondent herein directing him to appear before this Court in person or by advocate on
…………………….. at 10.30 a.m. and to show cause why this application should not be complied with.

Assistant Registrar.
Dated ………………….16 …………..

ORDER

Writ Petition No. ………. ………… of 19 …………………

Directing issue of a writ of certiorari ……………………….calling

for the records in ……………………… on the file of ……………. and rule nisi to respondent to show cause why this application should not be
complied with.

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COMPOSITE FORM NO. 7

IN THE HIGH COURT OF JUDICATURE: ANDHRA PRADESH : AT HYDERABAD
(Special Original Jurisdiction)
day the ……………………. day of ……………….. ……………………. One thousand
nine hundred and eightly

Writ Petition No. ………………… and Writ Miscellaneous Petition No……………………….Writ Appeal No and Writ Appeal Miscellaneous Petition
No…………………………… 19

BETWEEN
Petitioner/Petitioners
……………………………………..
Appellant and Petitioner

And

Respondent in both…
To

Respondent No……………….
Upon motion this day made into this Court by Mr. …………………….. Advocate for the Writ Petitioner/Writ Appellant and the Court being of opinion
that the records relating to and touching upon all the matters and contentions raised in the Memorandum of Writ Petition/Writ Appeal a copy of
which is annexed hereto, together with the decision therein should be called for and perused; and that the prayer in Writ Miscellaneous Petition/
Writ Appeal Miscellaneous Petition, copies of petition and affidavit of which are annexed hereto may be considered.

IT IS HEREBY COMMANDED

(1) That you, the aforesaid Respondent No………………. do send for our use in High Court of Judicature, Andhra Pradesh at Hyderabad all and
singular the said records and others with all things touching the same as fully and perfectly as they have been made by you, and now remain in
your custody or power together with this, our writ before the day of ………………. 198……………… and

(2) That if you intend to oppose the Writ Petition and Writ Miscellaneous petition/Writ Appeal and Writ Appeal/Miscellaneous Petition you, the aforesaid
Respondent No……….. do appear personally or by Advocate on the day of …………………..198………………… at 10.30 before this Court, show
cause why they should not be complied with, and that we may cause further to be done thereon what of right and according to law we shall fit to be
done.

Witness the Honourable Mr…………………… Chief Justice of the High Court of Judicature, Andhra Pradesh at Hyderabad, this the day of
……………………… in the year one thousand nine hundred and eighty.

Hearing date ……………

Assistant Registrar

RETURN OF THE WRIT OF CETIORARI ORDER : NISI AND NOTICE IN WRIT MISCELLANEOUS PETITION/WRIT APPEAL MISCELLANEOUS
PETITION.

(To be endorsed on this Writ and Rule Nisi and Notice in Writ Miscellaneous Petition/Writ Appeal Miscellaneous Petition)

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The Process of the Writ of Certiorari and Writ Miscellaneous Petition/Writ Appeal Miscellaneous Petition whereof mention is within made, with all
things touching the same in the several papers hereto annexed as within commended and served on respondent.

The answer of

Date ……………………day of ………………………198

This should be served urgently on the respondent No. ……………. and returned to the High Court.

WRIT AND RULE NISI

W.P. of 19 and W.P.M.P of 19 / W.A.No of 19 and W.A.M.P. No. of 19

Certified that the required conveyance charge and the process fee for the service of the process has been collected. It is requested that the English
Translation of the Process Server’s Report, if it is in vernacular may be sent along with the Rule NISI and Notice returned.

Sd/-
Registrar (Admn.)

High Court of Andhra Pradesh,

Hyderabad.

16th December, 1982.

Note:- Form No. 7 is substituted as per ROC No. 1209/SO/82, dated 19the Dec.82 and published in A.P.Gazette Part II, Page 142, dated 16th
March, 1983.

-ooOoo-

FORM NO. 8
(Writ of Certiorari-Order Absolute)
IN THE HIGH COURT OF JUDCATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)

day the ……………………. Day of ……………….. ……………………. One thousand nine hundred and eightly
Writ Petition No. ………………… of 19

BETWEEN:
. .. Petitioner

AND

.. Respondent

This petition, under Article 226 of the constitution of India coming on for further consideration, before the Honourable Mr. Justice
……………..………….. upon perusing the records relating to ………….. comprising in the return to the Writ and Rule Nisi, directed by order of the High
Court……………… dated ……………….. and made herein, and upon the arguments of ……………….. Advocate for the petitioner and of ………………….
…………. On behalf of the Respondent ………………. And having stood over for consideration till this day it is ordered as follows:-

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(1) that the Rule Nisi issued pursuant to the order of the High Court, dated ………….. and made herein, be and hereby is made absolute and that
………………….. and

(2) That the Respondent herein do pay the petitioner the sum of Rs. as and for his costs of this petition.

Memorandum of Costs
Writ Petition No. ………………… of 19
( Petitioner’s (………………) Costs)

Rs. Ps.
Stamp used for the Writ Petition ..
Stamp for Vekalatnama ..
Stamp enclosures ..
Advocate’s Fee ..
Batta and Postage ..
Total...
Witness the Honourable Mr. ……………………….., Chief Justice of the High court of Judicature, Andhra Pradesh at Hyderabad, this
…………………….day …………………….in the year one thousand nine hundred and eighty.

Registrar

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FORM NO. 9

Writ of Prohibition

Formal Parts as in Form No.1

Whereby a petition filed in this Court by the aforesaid petitioner it has

been to the notice of this Court, that you, the Respondent aforesaid, have taken

on your file ……………………………………………….. (here describe the

proceedings): and whereas this court is of opinion that you, the respondent, by

reason that (State facts showing want of jurisdiction):

You are hereby prohibited from further proceedings with the said

…………………….

Witness etc.

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FORM NO. 10

ORDER ON PETITION FOR QUO WARRANTO

Formal Parts as in Form No.1

Petition praying that in the circumstances stated therein and in the

affidavit filed therewith the High Court will be pleased to issue a writ of quo

warranto directed to ………………………….. the Respondent above named,

requiring him to show cause by what authority he claims to have use, enjoy

and perform the rights, duties and privileges of the office of ………………….

The petition coming on for orders/hearing this day, upon reading the

petition, etc., upon hearing Mr………………………… for the petitioner and

the said Respondent appearing by Mr…………………………. and entering a

disclaimer to the Quo Warranto this court both order and direct that the said

…………………… the respondent herein shall not intermeddle in any manner

with the said office and this court both further order and declare that the said

office of ………………… is vacant.

-ooOoo-

FORM NO. 11

WRIT OF MANDAMUS

Formal Parts as in Form No.1

To

Whereas by section …………………………… of Act (State provision

of law on which the Act required to be done is founded) you are required to

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……………….(Specify the Act to be done):

And whereas it has been represented to the Court, that, contrary to the

requirements of the Act, you failed, neglected and refused to …………………

……………………...(State Act refused) in spite of demands made in that

behalf.

You are hereby directed to do (specify the Act) on or before

………………………

Witnesses etc.,

-ooOoo-

RULES TO REGULATE THE PROCEEDINGS UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA

ROC No.713/62 B1 : - Under the provisions of Section 122 of the Code of Civil Procedure, 1908 (Central Act V of 1908) the High Court of Andhra
Pradesh with the previous approval of the State Government hereby makes the following rules to regulate the proceedings under Article 227 of the
Constitution.

RULES

1. Applications under Article 227 of the Constitution shall be in the same form as Civil Revision Petitions presented to the High Court and the
Appellate side Rules applicable to the latter shall apply mutatis mutandis to the former except in respect of matters for which special provision is
made in these rules.

2. Every such application when examined and found to be in order shall be numbered as a Civil Revision Petition and posted for admission before the
Single Judge dealing with Writ Petitions. The Judge may if he thinks fit refer it to a Bench of Two Judges:

Provided that the Chief Justice may direct any application under Article 227 to be posted before a Bench of two Judges.

3 (a) In all proceedings under Article 227 the court may make such order as to costs and security
as it may consider just and necessary.

(b) Where costs are awarded to a party such costs may include the court fees paid on the application and other documents the costs of making
copies of application affidavit etc., which are furnished to the court and which are required to be served on the opposite party or parties and the
advocate’s fees allowed by the Court. The Court hearing the application shall fix the advocate’s fees which shall be subject to a minimum of Rs.
50 and a maximum of Rs.250.

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4 (a) A party to whom costs have been awarded in an application under Article 227 may obtain in order of the Court for transmission for the purpose
of execution of the order of costs to the Court of Tribunal in which the proceedings originally started and if such court or tribunal has no
machinery for the enforcement of its decrees or orders to the court of the District Munsif with in local limits of whose Jurisdiction the party against
whom the order is to be executed resides or carries on business or has property which can be attached.

(b) An application for such transmission shall be made by a verified petition under the cause title of the Civil revision Petition in which the order
for costs was passed and shall in addition to such particulars as may be necessary mention the court or Tribunal to which the transmission is
sought. It shall also be a accompanied by a copy of the order sought to be transmitted.

(c ) A court – fee stamp of Rs.2 shall be affixed to the application for transmission and the applicant shall also pay into court a transmission fee of
0-75 Paise only.

(d) The Registrar shall dispose of an application for transmission. He may in his order provide for the costs of the application and shall, if he so
provides, direct the recovery thereof along with the sum recoverable under the order transmitted.

-ooOoo-

1* Rule 4-A Incorporated by R.O.C. No.92/SO/86 dt 19.03.86 Published in R.S to Part II A.P. Gazette No.8 dt.10.04.86.
2* Substituted by ROC No.881/SO/80 Vide R.S. TO Part II A.P.Gazette dt. 12.03.1981.
3* Rule 6 (a)(1) to (4) substituted in place of existing rule 6 (a),vide ROC No. 2097/SO/92 dt.oct.93 and
R.S. to Part . II (Ext) A.P. Gazette No.34 dt.4.11.1993.
4* Rs.20/- Substituted for Rs.13/- in Rule 10(b) vide Roc No.523/SO/98 dt. 27.02.99, Published in R.S.
to Part II (Ext.) A.P. Gazette No. 3 dt. 3.3.99.
5* Rule 12 (i) to (iii) is substituted in place of existing Rule 12 vide ROC No. 1438/SO/93 dt. 18.03.94,
Published in R.S. to Part . II (Ext.), A.P. Gazette No. 6 dt. 21.03.1994.
6* Sub-Clause (iv) to Clause (a) of rule 14 is inserted vide ROC No . 1960/SO/9A3 dt. 29.11.1993, Published in A.P. Gazette No. 26 Part. II.
7* Sub-rule (b) of Rule 22 is substituted for the existing sub-rule (b) vide ROC No. 102/SO/92 dt. 10.03.1992
8* Rule 28 is added and amended by ROC No. 1569/SO/92 dt. 17.01.1994 Published in R.S. to Part II
(Ext.), A.P. Gazette No. 3 dt. 04.02.1994.

Copyright © 2004-2013 High Court of Judicature at Hyderabad. All Rights Reserved.

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