Constitutional and writ litigation

Petitions under Article 226 challenging action by the State and public authorities.

Under Article 226 of the Constitution, a High Court can direct the State and public authorities to act within the law. Writ petitions are used when an authority acts without notice, without jurisdiction or in breach of natural justice, or fails to act where the law requires it to.

A writ petition is usually filed after the authority has been asked to act, or has acted, and the grievance is set out with the documents that show it. The High Court first hears the petition on admission and may issue notice to the authority or pass interim orders, for example to stop a demolition until objections are decided.

Typical matters

• Demolition or dispossession without notice
• Rehabilitation of relocated families
• Violations of natural justice
• Orders of development and civic authorities

Documents usually relevant

Matters of this kind usually involve the notice or order under challenge, proof of possession or title, correspondence with the authority, and photographs or records of the property where relevant.