1. Scope of Article 226 Extraordinary Writ Jurisdiction
Article 226 empowers High Courts in India to issue prerogative writs including Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto for the enforcement of Fundamental Rights guaranteed under Part III of the Constitution, as well as for "any other purpose."
Unlike Article 32 of the Supreme Court, the jurisdiction of the High Court under Article 226 is wider in scope, encompassing non-fundamental statutory rights, administrative arbitrary actions, and natural justice violations.
2. The Five Prerogative Writs Explained
- Writ of Certiorari: Issued to quash illegal, unreasoned, or jurisdiction-exceeding orders passed by subordinate courts, tribunals (DRT, NCLT), or administrative authorities (Estate Officer SDM).
- Writ of Mandamus: Issued to compel a public authority or government officer to perform a mandatory statutory duty that they have neglected or refused to perform.
- Writ of Habeas Corpus: Issued to produce a person unlawfully detained by state authorities or private individuals.
- Writ of Prohibition: Issued to prevent lower tribunals from proceeding beyond their lawful jurisdiction.
- Writ of Quo Warranto: Issued to challenge an unauthorized person holding a public office.
3. Practice Before the Hon'ble Punjab & Haryana High Court
In UT Chandigarh, Punjab, and Haryana, Civil Writ Petitions (CWP) are filed before the High Court of Punjab & Haryana. Key grounds for obtaining immediate stay orders include:
1. Violation of Principles of Natural Justice (Audi Alteram Partem - no fair hearing).
2. Absolute lack of statutory jurisdiction or ultra vires action.
3. Manifest arbitrariness or mala fide exercise of executive power.
4. Infringement of Article 300A Right to Property without authority of law.
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Authored by Adv. Shakti Kumar Jain (High Court Practice Counsel). Explore the comprehensive 7-part legal defense series, bilingual (English/Hindi) procedural checklists, and landmark High Court precedents protecting property owners against arbitrary demolition notices, Section 8A resumption traps, and FAR weaponisation.
