174. Applications for issue of writ of mandamus prohibition quowarranto & writ of certiorari.
- Every application involving the jurisdiction of the High Court under Articles 226, 227, & 228 of the Constitution of India shall be by petition addressed to the Hon'ble the Chief Justice and Judges of the High Court. The grounds on which the relief's are sought shall be clearly stated in the petition which shall be arranged in suitable paragraphs consecutively numbered. The relief's sought should be set out at the end of the petition. The full names, official designation, if any, and the full addresses of all the parties to the petition for service of any process shall be stated in the petition. In every such petition, the petitioner or where there are more than one petitioner, the petitioners, shall state whether he or any of the petitioners have filed any application or any other proceeding in the Supreme Court, High Court or any other Court in respect of the same matter, and how that application or proceeding has been disposed of. The petition shall be signed either by the Petitioner or the Petitioners, as the case may be, or by his or their advocate. In case the petitioner or petitioners, as the case may be, sign it, it shall also be countersigned by his or their advocate. Note:-Where a person signs the petition in a capacity other than his individual capacity, such as public officer, guardian of a minor, partner of a firm, power of attorney holder, Director, Secretary or Principal Officer of a Company or Corporation etc., he shall indicate the capacity in which the signs unless it has been signed on behalf of the petitioner by his advocate. Every petition under this rule shall be supported by an affidavit by the petitioner or one of the petitioners or by a person acquainted with the facts of the case. The deponent shall state what paragraphs or portions of his petition he swears or solemnly affirms to from his own knowledge and what paragraphs or portions he swears or solemnly affirms to on his own belief, stating the grounds of such belief. If the petitioner or any of the petitioners makes an application to the Supreme Court in respect of the same matter on any question arising therein, during the pendency of the petition in the High Court, he shall forthwith bring this fact to the notice of the High Court by filing an affidavit in the case and shall furnish a copy of the same to other side. The court may adjourn the hearing of the petition made to it pending the decision of the Supreme Court in the matter.
