Affidavit for Writ of Mandamus under Article 226 of the Constitution to be filed in High Court.

Format of affidavit for Writ Petition Seeking Writ of Mandamus in High Court.

Writ of Mandamus under Article 226 is issued as a command to an inferior court or ordering a person to perform a public or statutory duty.

Sample Format of Affidavit for Writ of Mandamus in High Court under Article 226 of Constitution is as under. 

 

IN THE HIGH COURT OF DELHI AT NEW DELHI
EXTRA ORDINARY CIVIL JURISDICTION

WRIT PETITION (CIVIL) NO. OF 20__


IN THE MATTER OF:
___________________                                      PETITIONER

VERSUS

UNIVERSITY OF _____ & ORS                             RESPONDENTS

AFFIDAVIT

I, __________________ , S/o Shri _______________, Aged about ___ years, R/o ___ ________________ _______________ the Petitioner do hereby solemnly state and affirm as under:

1. That I am one of the Petitioner of the instant Writ Petition and being conversant with the facts and circumstances of the case, am competent to swear this Affidavit.

2. That the other Petitioners have authorized me to sign and file the present Writ Petition.

3. That I have read and understood the contents of the abovementioned writ petition and I state that the same are true and correct to my knowledge.

4. That all the Annexures annexed to the writ petition are true copies of their respective originals.

5. I have done whatsoever inquiry/investigation which was in my power to do, to collect all data/material which was available and which was relevant for this court to entertain the present petition.

6. I further confirm that I have not concealed in the present petition any data/material /information which may have enabled this court to form an opinion whether to entertain this application or not and/or whether to grant any relief or not.

7. That I have read and understood the content of Writ Petition. I have read and understood the contents of the accompanying synopsis & List of Dates at Pages ____ to ______, Writ Petition at Pages ___ to ____, Para ____ to ____, Grounds ____ to ____ and all accompanying Applications. I state that the facts therein are true and correct to the best of my knowledge and belief. I further state that the Annexures annexed to the Writ Petition are true copies of their respective originals.

DEPONENT

VERIFICATION:
Verified at New Delhi on this ___ day of _______ 20__ that the contents of my aforesaid affidavit are true and correct to my knowledge and belief. No part of it is false nor anything material has been concealed therefrom.

DEPONENT


 

Article 226 of Indian Constitution

226. Power of High Courts to issue certain writs
(1) Notwithstanding anything in Article 32 every High Court shall have powers, throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose.

(2) The power conferred by clause ( 1 ) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories.

(3) 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 proceedings relating to, a petition under clause ( 1 ), 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 the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the aid next day, stand vacated.

(4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme court by clause ( 2 ) of Article 32.