2. Writ is a quick remedy against injustice , for the protection of rights of citizens against
any encroachment by the governmental authority.
In Britain ,writs carried the authority of
queen.
Later writs were enjoyed by king’s bench
By regulating act 1773 the judges of
supreme court were given power of writ
In 1861 High courts were vested with
power of writ.
3. High courts asserted that that since the administration has come
under crown so power to issue writ was extended to mofussil
area.
IN RE NATIONAL CARBON , the Calcutta High Court issued the writ
of prohibition against controller of designs and patents.
In Ameer Khan , High court issued the writ of habeas corpus in the
mofussil area to set Indians free detained illegally.
However their power was inhibited, as proved in following cases:
4. RYOTS OF GARABANDHAO VS ZAMINDAR OF PARLAKIMEDI
Privy council held that if the Board of Revenue has exceded its
power in enhancing the rent, High court has no jurisdiction to
issue the writ of certiorai.
It said that jurisdiction to issue the writ of certiorai does not
depend of location of Revenue board but the place – Ganjam
where dispute is. Ganjam is located outside the presidency of
Madras.
Court did not issue the writ .
5. Hamid Hasan vs Banwari Lal Roy
Deputy Magistrate was appointed the administrator of Howrah
after superseding the Chairman and Commisioners of that
municipality . The respondent applied for writ of quo warranto
in High court.
Appellant in Privy council that high court has no jurisdiction in
Howrah as it is outside the calcutta presidency.
6. Legislative Provisions
Section 45----Specific Relief Act-----writ of mandamus byHigh
courts within the local limits of their original civil jurisdiction
Section 491- ----Criminal Procedure Code 1898----writ to issue the
habeas corpus ----in original and appellate jurisdiction
Post constitution
Article 226-all high courts to issue writ
Amendment to 226- to issue writ to any govt authority if cause of
action is in their territory.
