WRIT PROCEEDINGS RULES, 1977

HIGH COURT OF ANDHRA PRADESH

Roc. No. 136/SO/77 : - By virtue of Article 225 of the constitution

of India and all other powers hereunto enabling and in super session of the
existing rules, the High Court of Andhra Pradesh hereby makes the following
rules to regulate the proceedings under Article 226 of the Constitution :

Rules to regulate proceedings under Articles 226 of the

constitution.

1. (a) These rules may be called the Writ Proceedings Rules, 1977.

(b) These rules shall come into force on the 4th day of June, 1977.

(c) These rules shall apply to the petitions, applications and

appeals filed on or after the 4th day of June,1977.

2. (a) In these rules the expression Petition shall mean a Writ

Petition and the expression Application shall mean a
Miscellaneous Application.

2 (b) In these Rules the expression Petition filed in the nature of a

public interest litigation shall mean a Public Interest Litigation and
the expression Application shall mean a PIL Miscellaneous
Application.

3.(a) A petition for a direction, order or writ, including a writ of

habeas corpus, mandamus, certiorari, quo warranto or prohibition
shall be by an original petition to be entitiled Writ Petition
Noof and shall be filed in the office of the Registrar
by the petitioner or his duly authorized advocate or attorney:

(b) An application shall be entitled Writ Miscellaneous Petition in the

Writ Petition.

Provided that any such petition or application to the High Court by a

person who is in jail and has not appointed an advocate or an attorney on his
behalf, may be presented to the Officer-in-charge of the Jail, who shall
forward the petition or application to the High Court without delay.

(c) A petition for a direction, order or writ, including a writ of

mandamus, certiorari, quo warranto or prohibition filed in the nature
of a public interest litigation shall be by an original petition to be
entitled PIL NO of . and shall be filed in the office of the
Registrar by the petitioner or his duly authorized Advocate or
attorney.

(d) An application in the Public Interest Litigation shall be entitled PIL

Miscellaneous Petition.

4. (a) Every such petition shall set out the provision of law under
which it is made and shall contain the following particulars:

(i) The name, description and place of residence of the

petitioner.
(ii) The name, description and place of residence of the
respondent so far as they can be ascertained: and
(iii) The relief or reliefs sought

(b)The petition shall be signed by the petitioner or his advocate

or attorney and the facts relied on by the petitioner shall be
verified by an affidavit which shall be filed along with the
petition.
 2

1
4A Two or more persons raising common questions of law or
persons having a common cause of action may join in a single
writ petition paying a single set of court fees.

5 (a) Every affidavit shall be drawn up in the first person and shall
set forth succinctly and in chronological order all the relevant
facts and the grounds for the relief sought. The statement of
facts shall be divided into consecutively numbered paragraphs,
each paragraph being confined as nearly as may be to a
distinct portion of the subject.
2
(b) The affidavit shall state:-
(i) the particular right conferred by the provisions of
Part III of the Constitution of India sought to be
enforced:

(ii) the other purpose for which relief is sought:

(iii) the particular law impugned and how it is not

constitutionally valid and whether it is a State Law,
Central Law or State and Central Law:

(iv) Whether any alternative remedy for the relief sought

is provided for by or under any other law for the time
being in force, and whether that remedy has been
availed of and if so, with what result, by way of a
separate paragraph:

(v) Whether the petitioner had or had not already filed a

writ petition in the High Court or instituted any suit
or other legal proceedings in any Court of Law or
Tribunal either for the same or substantially the
same relief on a previous occasion and if he had
done so, the particulars of the petition, suit or other
proceedings and the result thereof shall also be
mentioned in the affidavit, by way of a separate
paragraph.
( c) When the deponent speaks to facts within his knowledge he
shall do so directly and positively using the words:
I make oath (or affirm) and say .

(d) When a particular fact is not within the deponents knowledge,

but is stated upon information the deponent shall use the words
I, am informed by (giving the source of information) and verily
believe it to be true and set out the grounds of his belief.

(e) Every affidavit stating any matter of opinion shall show the
qualification of the deponent to express such opinion by
referring to his length of experience, acquaintance with or other
means of knowledge of the person or matter as to which the
opinion is expressed.

(f) A petition for a Writ of Habeas Corpus shall be accompanied by

an affidavit by the person restrained setting out the nature and
circumstances of the restraint:

Provided that where the person restrained is unable owing to the

restraint to make the affidavit, the petition shall be accompanied by an
affidavit made by some other person acquainted with the facts, which
shall state the reason why the person restrained is unable to make the
affidavit.

1
Rule 4-A Incorporated by R.O.C. No.92/SO/86 dt 19.03.86 Published in R.S to Part II A.P. Gazette
No.8 dt.10.04.86.
2
Substituted by ROC No.881/SO/80 Vide R.S. TO Part II A.P.Gazette dt. 12.03.1981.
 3

(g) An application shall state the provisions of Law under which it is

made and shall not contain more that one prayer unless the
prayers are consequential.
3
6 (a) (1) Every petition shall be accompanied by an affidavit and all the
documents serially numbered as Ex.P-1,p-2 etc. including rules
Bye-laws, notifications etc., relied upon by the petitioner and
the order challenged or a certified copy thereof and copies of all
documents which shall be certified by the party filing it to be a
true and correct copy of the original of such documents of it is
not a certified copy.

(2) When such petition is directed against the Order of a Quasijudicial

nature passed by any Industrial Tribunal, Labour Court, or any
other like authority or made in any disciplinary proceedings, by
a copy of the award, the report of the Enquiry Officer, the order
of the Disciplinary Authority and the Order of the Appellate
Authority passed on such Appeal, if any, and shall be marked
and serially numbered as mentioned in sub-rule (1) above.

(3) The petition shall be accompanied by as many authenticated

copies of the petition, affidavit and the said documents as there
are parties to be served and three additional sets for use of the
Court. These shall be separately filed as paper books marking
each set.

(4) The petition shall also be accompanied by the prescribed Court

Fees and Process Fees. The petition, affidavit and its
enclosures filed in Court shall be duly stitched book-wise and
indexed. The Process papers shall be separately stitched as
paper book and filed.

(b) Where the petitioner has already served the authenticated

copies of the petition, affidavit and documents on the party
against who such petition is filed it shall not be necessary to file
copies for them under sub-rule(a) but the petitioner shall make
a statement to that effect by an additional affidavit and produce
proof of service of the documents.

7 (a) Whenever a petition or application is presented against the

Government, or any authority, the copies of the petition:
application and the accompanying affidavit and documents shall
be served on the Government Pleader or the Standing counsel
concerned, and the said petition or the application shall not be
accepted in the Registry unless it contains an endorsement of
service signed by the Government pleader or the Standing-
Counsel concerned, or by the Secretary of the Government
Pleaders office or by someone authorized by him in this behalf,
not below the rank of a Superintendent, or by a Registered
Clerk of the Standing Counsel concerned, as the case may be,
or by a person so authorized by the Standing Counsel
concerned under intimation to this Registry.

(b) Every application for an Interim order shall state whether

copies of the petition, affidavit and documents have been
served on the opposite party or parties and if served, produce
proof thereof, or if not served, state the reason therefor.

RULE 7-A:

3
Rule 6 (a)(1) to (4) substituted in place of existing rule 6 (a),vide ROC No. 2097/SO/92 dt.oct.93 and
R.S. to Part . II (Ext) A.P. Gazette No.34 dt.4.11.1993.
 4

(a) Every writ petition filed in public interest shall be heard by a Bench of two
Judges;

(b) In addition to and without derogating from the procedure prescribed in the
other Rules contained herein, every writ petition filed in public interest shall
conform to the procedure prescribed hereunder:

(i) The affidavit filed in support of such petition shall contain an

averment by way of a separate paragraph in the following terms:

I hereby affirm and state on oath that the petitioner(s) herein

has/have no personal interest in the subject matter of this
petition. The petitioner(s) hereby undertake(s) to pay exemplary
costs and/or compensatory damages as directed by this Court in
the event of a contrary finding upon adjudication by the Court
that the writ petition is filed for extraneous/personal
considerations or with an oblique motive.
______
3
Rule 7-A,vide ROC No.137/SO/2010 dt.oct.93 andA.P. Gazette No.23 dt.10.6.2010.
(ii) Where a writ petition is filed through counsel, the verification by
the Advocate, after the above verification statement of the party,
shall be in the format below:

Verified in my presence at _____________ on this the

_________ day of __________ (Month, Year).

Advocate Deponent

(iii) The petitioner(s) shall file along with the petition, document(s) in
proof of his/her/their identity and residential address. Certified
true copies of the driving license/pass-port/identity card issued
by the Election Commission of India/ration card/bank statement
of the petitioner(s) shall be sufficient proof for the purposes of
this sub-rule;

(iv) The affidavit shall clearly set out all the necessary facts to
establish that the petition is filed in public interest as commonly
understood, and shall be accompanied by all necessary and
material documents to support the factual assertions made
therein so as to establish prima facie the correctness of the
contents thereof.

(v) The deponent to the affidavit filed in support of such petition

shall categorically aver by way of a separate paragraph that all
possible efforts have been made to gather the material required
for proper and comprehensive adjudication of the issue(s) raised.
The deponent shall detail the steps taken in this regard, be it by
addressing the authorities concerned or by invoking the relevant
laws for obtaining the necessary information.

(vi) The affidavit filed in support of such petition shall set out the
source of the information gathered by the petitioner(s) which
lends support to the cause of action espoused in the petition. The
deponent to the affidavit shall specifically state as to which of the
facts are within the deponents knowledge and which of the facts
are based upon information gathered by the deponent, indicating
the authenticity of such information and the competence of the
person who furnished such information. Any information in the
form of an opinion expressed by a person competent to speak on
the subject shall necessarily be accompanied by the details of the
 5

length of experience and the means of knowledge of such person

to speak on the subject as to which the opinion is expressed.

(vii) In the event the Court comes to the conclusion that the
writ petition filed in public interest was motivated by any
extraneous and/or ulterior motives or without bonafides,
it shall be open to the Court to impose exemplary costs and/or
compensatory damages upon the petitioner(s). The exemplary
costs so imposed may at the discretion of the Court be directed
to be paid to the State Legal Services Authority. However, in the
event the respondents are shown to have sustained legally
redressable damages owing to the filing of a frivolous or
untenable writ petition in public interest, the compensatory
damages awarded by the Court shall be paid to such affected
party or parties as apportioned by the Court;

(c) The Bench hearing writ petitions in public interest shall prioritize the hearing
of such cases based on the nature of the case. Matters involving larger public
interest or where the gravity/urgency of the issue raised so warrants, may be
heard on priority basis;

(d) Notwithstanding what is stated in these rules, it shall be open to the Court to
entertain a writ petition filed in public interest without reference to the
interest of the petitioner(s) in the litigation if the subject matter of the
complaint is of such nature as to warrant the adjudication of the case in
larger public interest.

8 (a) Every petition or application shall soon after it is numbered, be

posted for admission of the Court as to issue of rule nisi or notice
to the respondents. The Court may, upon hearing the petitioner or
applicant or his advocate, either direct rule nisi or notice to issue
and pass such interim orders as it may deem necessary, or reject
the petition or application.

Provided that an application for an interim order shall not be posted

for orders of court under this sub-rule, unless a period of not less than forty
eight hours elapsed between the service of the copy of such application in
accordance with Rule 7(a) on the Government Pleader or the Standing
Counsel concerned:

Provided further that notwithstanding anything contained in the first

proviso, if the applicant files an affidavit stating that the object of obtaining
an order would be defeated by the delay of forty-eight hours, the application
may be posted for orders of court soon after it is numbered and the court
may, if it opines that the object of granting the order would be defeated by
the delay of forty-eight hours, pass an order in the absence of the
Government Pleader or Standing Counsel concerned recording the reasons for
the said opinion, fix a date for hearing and require the applicant to deliver to
the Government Pleader or Standing-Counsel concerned a gist of the said
order informing the date fixed for hearing and file into court on the day
immediately following the day on which the order was passed, proof of its
delivery.

(b) (i) In cases where the respondents are the persons other than the
Government or any other authority who are represented by the
Government Pleader or Standing counsel concerned and where
the court is inclined to pass an order against those respondents
before serving notice of the petition or application on them, the
court may do so recording reasons for so doing and fix a date for
hearing requiring the petitioner or applicant to deliver to those
respondents, or to send to them by Registered Post,
acknowledgement due, or by speed post or by an
approved courier servce or by fax message or by electronic
Mail service or by such means immediately after the order
has been made a copy of his petition application and the
 6

accompanying affidavit and documents on which he relies and a

gist of the said order informing the date fixed for hearing and to
file into court on the day immediately following the day on which
the said order was passed, proof of such delivery or an affidavit
stating that the copies aforesaid have been so sent.
(ii) In case where the party is directed/permitted by an order of the
court to takeout summons/notices by Registered Post
acknowledgement due, or by speed post or by an approved
Courier service or by Fax Message or by Electronic Mail Service or
by such means, the Registry shall handover summons/notices
duly prepared and signed by the authorising Officer to the
petitioner or his advocate for service on the parties.

The words in inverted camas are added in sub rule (b) of Rule 8 and shall be read as sub rule (b) (i)..
Sub rule (ii) is added , Vide A.P.Gazette publication dt. 21.04.2003 vide Roc.No.73/SO/2003.
Sub rule (iii) is added , Vide A.P.Gazette publication dt. 21.04.2003 vide Roc.No.73/SO/2003.
The sub rule (d) of Rule 8 is added , Vide A.P.Gazette publication dt. 21.04.2003 vide Roc.No.73/SO/2003.
(iii) The petitioner or his advocate shall file an affidavit stating the mode
of service by which he effected service enclosing the
acknowledgement card or returned postal covers or any other
proof.
(iv) The person who effects the service on behalf of the courier service
and the person authorized by the Board of Courier Service
Company shall give separate affidavits in the prescribed Form
Nos.12(A) & 12(B) stating the manner of service and also the
persons in whose presence the service is effected enclosing the
acknowledgement card /returned covers with endorsement of
refusal signed by the witness/witnesses.
(v) If the affidavit or any endorsement as to service is found to be
false, the concerned Court shall summarily try and punish the
deponent i.e., the person of the courier service or the person
authorized by the Board of Courier Service Company, for perjury
and the concerned Court shall also black list the Courier Service
Company.
(c) Where it is deemed necessary, the court may instead of directing
the issue of rule nisi ,cause a notice to be served on the
respondent to show cause why rule nisi should not be issued.
(d) The Registrar (Judl.) or the officer authorised by him shall prepare
the panel of courier service and such panel shall continue until
further orders.

9(1) 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
proceeding relating to, a petition under clause (1) of Article 226 of
the Constitution, 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 that period, or , as the case may be, the
expiry of the said next day, stand vacated.

(2) The application referred to in sub-rule (1) shall contain an

endorsement of its service or the petitioner or his or her counsel or
the respondent shall produce proof such service separately.
(3) The application referred to in sub-rule (1) shall be numbered as
WVMP.
 7

10. (a) Unless the Court otherwise directs the rule nisi together with a
copy of the petition, affidavit and documents in support thereof
shall be served on the party against whom such a petition is
filed or on such other party or person as the court may direct,
not less than 14 days before the date fixed for the hearing of
the rule nis1. If the rule nisi is returned unserved or is not
returned served before the date fixed for the hearing, the
petition shall be posted before the Registrar who may give such
further directions regarding the steps to be taken for effecting
service as may be necessary.

Provided that where a party enters appearance, service of all

petitions, affidavits and documents on the advocate or the attorney
shall be deemed, to be service on the party for the purpose of these
proceedings.
4
(b) Service of rule nisi or notice, shall ordinarily be effected by
registered post speed post or by an approved courier
service or by Fax Message or by Electronic Mail Service
or by such means and the party deposit necessary
charges in the shape of court fee stamps for meeting the
service charges, if notices are sent by Court.

11 (a) In every petition for issue of a writ of Habeas Corpus,

the respondent shall on a rule nisi being issued produce the
person concerned unless the court for reasons to be recorded in
writing dispenses with such production.

(b) On sufficient cause being shown the High Court may during the
pendency of a petition for issue of a writ of Habeas Corpus,
release the person detained or restrained on bail on such terms
and conditions as it may deem fit.
5
12 (i) (a) Every Respondent in every Writ Petition intending to enter
appearance and oppose any Writ Petition on which notice is
issued by the High Court, shall enter appearance and file a
Counter Affidavit in opposition as soon as may be and in any
event not later than six months from the date of service of
notice in the Writ Petition or the Service of Rule nisi on the said
Respondent unless otherwise directed by the court.

(b) Reply affidavits shall be filed unless otherwise ordered,

within one month of receipt of copy of the Counter Affidavit.

(ii) No Counter affidavit filed beyond six months from the date of
service of notice on the opposite party or parties in the Writ
Petition shall be received or be used at the hearing of the Writ
Petition unless the Court permits the Respondent on an
application containing Special reasons to do so.

(iii) Affidavits in opposition and affidavits in reply thereto shall

be filed in the Registry along with authenticated copies of
documents on which the party relies duly stitched book-wise
and indexed with continuous pagination, after service on the

Omitted 4 Rs.20/- Substituted for Rs.13/- in Rule 10(b) vide Roc No.523/SO/98 dt. 27.02.99, Published in R.S.
to Part II (Ext.) A.P. Gazette No. 3 dt. 3.3.99.
5
Rule 12 (i) to (iii) is substituted in place of existing Rule 12 vide ROC No. 1438/SO/93 dt. 18.03.94,
Published in R.S. to Part . II (Ext.), A.P. Gazette No. 6 dt. 21.03.1994.
Rule 10(b) sustitute for the existing sub rule (b) vide Roc.No.73/SO/2003, Dt: 21.4.2003.
Rule 12 (A) and 12(B) substitue for the existing Rule vide Roc.No.1013/SO/2005, dt.21.02.2006.
Rule 12 (iii) Vide Roic.No.1821/So/2011, dt.26.6.2013.
 8

opposite party or parties. No such affidavit shall be entertained

after the time extended in sub-rule (ii) without the leave of the
Court.

FORM No.12 (A)

AFFIDAVIT
(To be furnished by the Courier Service Company Agent)
Case No. / 200

I, S/o aged years,

resident of Occupation: Employee in M/s.
Courier Service Company, do hereby solemnly affirm and state
as follows:

(a) I have served the Notice on the party, Sri

on dt.

(b) I have served the notice on Sri an adult

member of the family of the party, as the party was absent from his
house.

(c) The party Sri S/o

r/o refused to receive the notice.

(d) I could not serve the notice on the party, as he was absent from the
address given and as no adult member of the family prepared to
receive the notice.

(e) Sri S/o

r/o and Sri
S/o r/o were
Present at the time of the above service.

Solemnly affirmed and

Signed before me DEPONENT

Note:

1. Strike off (a) (b) (c) (d) whichever is not applicable.

2. The Affidavit can be sworn before the persons authorized by the Board of the
Courier Service Company / Village Assistant/ Sarpanch of the Village / any
Gazetted Officer/Notary / First Class Magistrate / Advocate / Municipal
Councillor / Corporator.
3. If the endorsement of service is found false, the person shall be
summarily tried and punished for perjury.
 9

FORM No.12 (B)

AFFIDAVIT

(To be furnished by the person authorized by the Courier Service Company)

Case No. / 200

I, S/o aged years,

working as Manager in M/s Courier Service Company, do
hereby solemnly affirm and state as follows:

(a) Our agent Sri S/o

served the notice on the party, Sri S/o
r/o on dt.

(b) Our agent Sri S/o served

the notice on Sri an adult member of the family of
the party as the party was absent from his house..

(c) Our agent Sri S/o could

not serve the notice on the party Sri S/o
r/o as he refused to receive the notice.

(d) Our agent Sri S/o could

not service the notice on the party Sri S/o
as he was absent at the address given and as no adult member in his family
prepared to receive the notice.

Solemnly affirmed and

Signed before me DEPONENT

Note:

1. Strike off (a) (b) (c) (d) whichever is not applicable.

2. The Affidavit can be sworn before the persons authorized by the Board of the
Courier Service Company / Village Assistant/ Sarpanch of the Village / any
Gazetted Officer/Notary / First Class Magistrate / Advocate / Municipal Councillor
/ Corporator.
3. If the endorsement of service is found false, the person shall be
summarily tried and punished for perjury.

13(a) The copies of documents shall be fairly and neatly type-written

on substantial white foolscap paper with an outer margin 2
wide, and inner margin 1 wide, and shall be stitched book-
wise. The copies of the documents shall be arranged in
chronological order. The pages shall be numbered and indexed.
The copies of documents filed along with the petition and filed
subsequently shall bear consecutive numbering. The copies of
the documents shall be certified to be true copies by the
counsel on record.

(b) While filing the documents the petitioner shall mark his
document as P series and the Respondent as R series. If
 10

there are more respondents than one, each respondent shall

mark his document as R-1series, R-2 series and the like
according to his rank among the respondents. The parties shall
give continuous page numbers to all the documents filed by
them and furnish an index.

14 (a) The following petitions shall be heard by a Bench of two Judges

(i) Petitions for a writ in the nature of Habeas Corpus:

(ii) Petitions relating to Elections under the Representation

of the People Act, 1951

(iii) Petitions relating to Income-tax, Gift-tax, Wealth-tax,

Estate duty, Sales-tax and Excise Acts and other Allied
Acts (State and Central Taxation Cases)
6
(iv) Petitions relating to matters coming within the purview of :-

A.P. Land Grabbing (Prohibition) Act,1982.

Administrative Tribunals Act,1985,

A.P Lokayukta & Upa - Lokayukta Act, 1983 and

The Consumer Protection Act, 1986).

(b) All other petitions shall be posted before a Single Judge who
may, if he thinks fit, refer any of them to a Bench of two
Judges.

15 The party to the proceedings under the rules shall be entitled

to inspect the records called for and relating to the
proceedings, on a request made in writing in that behalf to the
Government Pleader or the Standing Counsel concerned. If
such a request is refused, the party shall be entitled to apply to
the court for directions in that behalf.

16 (a) The Court may at any stage of the proceedings, either upon or
without any application and on such terms as may appear to be
just, order that the name of any party in improperly joined be
struck out, and that the name of any person who ought to have
been joined or whose presence may be necessary in order to
enable the court effectually and completely to adjudicate upon
and settle all the questions in the petition, be added.

(b) At the hearting of the petition or application, any person who

desires to be heard in opposition to the petition or application
and appears to the court to be a proper person to be heard
may be heard, subject to such conditions as to costs as the
court may deem fit to impose.

17 (a) The memorandum of appeal against an order in a petition or an

application shall be in the form prescribed or an appeal under
the Letters Patent but will be registered and numbered as a
Writ Appeal.

(b) An application for an interim order in a writ appeal shall be

numbered as a Writ Appeal Miscellaneous Petition.

6
Sub-Clause (iv) to Clause (a) of rule 14 is inserted vide ROC No . 1960/SO/9A3 dt. 29.11.1993,
Published in A.P. Gazette No. 26 Part. II.
 11

18 Such memorandum shall be accompanied by

(i) the court fees prescribed therefor:

(ii) proof of service of notice on all the parties who had

appeared at the hearing of petition.

(iii) Two typewritten copies of the order appealed against:

(iv) Two additional copies of the memorandum: and

(v) two copies of all other papers on which the appellant

intends to rely

Provided that whenever any case is referred to Full Bench or Larger Bench,
the counsel for the petitioner or the Appellant, as the case may be, shall furnish
additional sets of papers (Copies of the Writ Petition or Writ Appeal, Order appealed
against and copies of all other papers) on which the petitioner/Appellant intends to
rely. The Registry shall inform the counsel concerned regarding the reference to the
Full Bench/Larger Bench. Number of additional sets to be filed shall be the number of
Judges comprising the said Bench plus two (for record), in addition to as many
copies as there be Respondents, within one week from the date of communication by
the Registry.

Provided further that the Registry shall prepare as many copies of the
Order/Orders of reference as the strength of the Judges comprising the Full
Bench/Larger Bench.

19 The appeal shall, as soon as may be after it is numbered, be

posted before a Division Bench who may dispose of it at once or
adjourn it for further hearing.

20 Where a petitioner unduly delays the bringing of a petition to

hearing the Registrar shall call upon him to explain the delay,
and after notifying all parties who have entered appearance,
place the petition and the explanation if any, before the court
for such directions as the court may think fit to give thereon.

21 Unless the court otherwise directs, the direction or order

made or the rule absolute issued by the High Court shall be
implemented within two months of the receipt of the order.

22 (a) In all proceedings to which these rules apply, the court

may make such order as to costs and security as it may
consider just and necessary.
7
{(b) In all petitions and appeals under Article 226 and 227 of
Constitution of India, and in all appeals arising there
from under Clause 15 of Letters Patent the Court shall
fix such fees as it considers to be just and proper and
irrespective of whether the petition or appeal, as the
case may be, as allowed, dismissed or disposed of}

(c) Notwithstanding anything contained in sub-rule (b),

where the courts is of the opinion that any party to the
proceedings or any other person or authority has made
averments false to his knowledge or deliberately
suppressed material facts, or mis-represented or

7
Sub-rule (b) of Rule 22 is substituted for the existing sub-rule (b) vide ROC No. 102/SO/92 dt.
10.03.1992
proviso is added to Rule 18 vide A.P.Gazette Notification dt: 21.4.2003 vide Roc.No.73/SO/2003

Sub-rule (c) of Rule 23 is substituted for the existing sub rule (c) vide Roc.No.73/SO/03,dt:21.4.03.
 12

indulged in vexatious proceedings, it may award such

amount of exemplary costs as it may deem fit in the
circumstances of the case, in addition to the costs that
may be awarded under clause (b).

23 (a) A party to whom costs have been awarded in a Writ

Petition or a Writ Appeal or an application therein may
obtain an order of the court for transmission for the
purpose of execution, or the order of costs to the court
of the District Munsif or to the Court of the Subordinate
Judge in the State in whose jurisdiction the party
against whom the order is to be executed ordinarily
resides or carries on business or has property which can
be attached.

(b) An application for such transmission shall be made by a

verified Miscellaneous Petition under the title of the Writ
Petition or Writ Appeal, in addition to such particulars as
may be necessary, and mention the court to which the
transmission is sought. It shall also be a accompanied
by a copy of the order sought to be transmitted for
execution.

(c) A court fee Rs.10/- shall be affixed to the Miscellaneous

Petition and the applicant shall also pay necessary
transmission charges as per process fee rules in the
shape of court fee stamps.

(d) The Registrar shall dispose of a Miscellaneous Petition

for transmission. He may in his order provide also for
the costs of the Miscellaneous Petition and shall, if he so
provides, direct the recovery there of along with the
sum recoverable under the order transmitted.

24 All other rules relating to causes and matters coming

before the Original Side and Appellate Side of the High
court and the provisions of the Code of Civil Procedure,
1908 will apply to the Writ Petitions and the Writ Appeals
in so far as they are not inconsistent with these rules.

25 The court may, on an application being made, set-aside

an order dismissing for default or an exparte order
subject to payment of such costs and such other
conditions as it may think fit to impose

26 The forms set out in the Appendix hereto shall be used

with suitable modifications wherever necessary.

27. (1) The Rule Nis1 and Notice in the Writ Petition and Writ
Miscellaneous Petition respectively or in the Writ Appeal
and Writ Appeal Miscellaneous Petition respectively shall
be issued to the respondents therein in the Composite
Notice Form No.7 set out in the Appendix hereto and the
Rule Nis1 and Notice so issued and served shall be
treated as sufficient Notice to the respondents of the
hearing of writ Petition and Writ Miscellaneous Petition
or Writ Appeal and Writ Appeal Miscellaneous Petition,
as the case may be.

(2) The following Composite Form No.7 shall be substituted

for the existing Form No.7 set out in the Appendix to the
Writ Proceedings Rules 1977.
 13

Note:-Rule 27 is newly inserted as per R.O.C. No. 1209/S0/82, dated 16th

December 1982 and published in A.P.Gzette, Part II at page 142,dated 10th
March 1983.
8

{Rule 28 : Rule for Destruction of the Records in the Writ
Petitions and Writ Appeals (vide Appendix I and II}.

Writ Petitions and Writ Appeals.

I Writ Petition:-

PART I

1. Index

2. Impugned order.

3. Affidavit.

4. Writ Petition.

5. Counter or Counters.

6. Reply Affidavit or Reply Affidavits, if any.

7. Order of the Court, and Docket Order

8. Writ absolute.

PART II

All Miscellaneous Petitions where only notice was ordered.

Notice papers

Vakalatnama and Memo of Appearance

Implead Petitions, L. R. Petitions.

Petitions for fixing date of hearing and Expedite Petitions

All other Miscellaneous Petitions.

II Writ Appeal:

PART I

Index

1 Memorandum of grounds of Writ Appeal

2 Judgment in the Writ Appeal.

3 Docket Order, order of the court, if any,

4 Writ absolute.

5 Additional pleadings, if any.

6 Counter Affidavit and reply Affidavit.

8
Rule 28 is added and amended by ROC No. 1569/SO/92 dt. 17.01.1994 Published in R.S. to Part II
(Ext.), A.P. Gazette No. 3 dt. 04.02.1994.
 14

PART II

Implead Petitions. L. R. Petitions and other Miscellaneous

Petitions.

Petitions for Interim Orders (draft orders).

Miscellaneous Petitions where only notice was ordered.

Notice papers.

Memo of Appearance.

Expedite Petitions.

Petitions for fixing date of hearing and all other Miscellaneous

papers.

In the case of writ Petitions, the Writ Petitions bundle shall be

divided into Part-I and Part II for the purpose of destruction of the
records. Part-I shall consist of the impugned order, the affidavit, Writ
Petition, Counter or Counters Reply Affidavit or Reply Affidavits, if any
and the order of the Court. Part-I records shall be preserved
permanently.

Part-II shall consist of the rest of the papers filed in the writ
Petitions. PartII papers shall be destroyed, if no appeal is preferred
against the order in the Writ Petition after two years from the date of
disposal of the case.

The Writ Appeal bundle shall be divided into two parts, viz.,
Part-I and Part-II, Part-I shall consist of the Memorandum of Grounds
of Writ Appeal, Judgment in the Writ Appeal, and the Writ Absolute
and additional pleadings, if any, and it shall be preserved permanently.

Part-II shall consist of the rest of the papers filed in the Writ
Appeal and it shall be destroyed if no appeal is preferred against the
order in the Writ Appeal, after two years from the date of disposal of
the case.

Regarding Miscellaneous Petitions filed in the Writ Petitions,

Writ Appeals, only the orders passed in the Miscellaneous Petitions
including the docket orders shall be preserved permanently. The rest
of the papers filed shall be preserved for a period of one year and
thereafter the same can be destroyed.

One months notice of destruction of the records shall be

displayed on the Notice-Board of the High Court and also on the Notice
Board of the High court Bar Association.

N.B.:- The Records in the Writ Petitions, and Writ Appeals which were
disposed of prior to 31.12.91 shall be preserved for a period of two
months from the date, these Rules come into force and thereafter they
can be destroyed. In the cases disposed of during the period from
1.1.1992 till the date these rules come into force, the records shall be
destroyed six months after these rules come into force. These Rules
shall come into force with effect from 1.11.1993, or the date of
publication of the Rules in the Official Gazette, whichever is earlier.
 15

Annexure - I

APPENDIX - I

RULES FOR DESTRUCTION OF RECORDS UNDER RULE 28 OF

THE WRIT PROCEEDINGS RULES, 1977.

Table Showing The Periods Prescribed for the retension

of Various parts of the Records in the writ Petitions and Writ
Appeals

Nature of Proceedings No. of Years for which

Records are to be Retained
Part I Part II
(1) (2) (3)
WRIT PETITIONS

Index

Impugned order
Affidavit Permanent

Writ Petition Do.

Counter or Counters Do.

Reply Affidavit or Reply affidavits,

if any. Do.

Order of the Court and Docket Do.

order
Do.
Writ Absolute
2 years
All Miscellaneous Petitions where
only notice was ordered
Do.
Notice Papers
Do.
Vakalatnama and Memo of
Appearance
Do.
Implead Petitions, L.R. Petitions

Petitions for fixing date of hearing Do

and Expedite Petitions
Do
All other Miscellaneous Petitions
 16

Annexure I

APPENDIX - II

No. of Years for which

Nature of Proceedings Records are to be Retained
Part I Part II
(1) (2) (3)
WRIT APPEALS

Index

Memorandum of Grounds of Writ

Appeal Permanent

Judgment in writ Appeal Do.

Docket Order, Order of court, if Do.

any.
Do.
Writ absolute.
Do.
Additional pleadings, if any
Do.
Counter Affidavit and Reply
Affidavit.
2 years
Implead Petitions, L. R. Petitions
and other Miscellaneous Petitions Do.

Petition for Interim Order (Draft

orders) Do.

Miscellaneous Petitions where only

notice was ordered.

Notice papers

Memo of Appearance
Do
Expedite Petitions

Petitions for fixing date of hearing

and all other miscellaneous papers
 17

APPENDIX-FORMS

FORM NO. 1

Form of Petition

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT

HYDERABAD

Special Original Jurisdiction

Writ Petition No.of 19..

A.B Petitioner

and

C.D. Respondent

Petition under Article 226 of the Constitution of India

The Petition above-named states as follows:-

1 The petitioner is (give, description and address).

2 The address of the petitioner for service of all notices. The

respondent is (give, description and address).

3 For the reasons set out in the affidavit filed herewith, the
petitioner prays that (set out the reliefs sought).

(Signed) Petitioner.

(Signed)Attorney/Advocate for
Petitioner.
 18

FORM NO. 2
Order Directing issue of Writ of Habeas Corpus

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT

HYDERBAD

Day, the .. day of

One thousand nine hundred and

Present:- The Honourable Mr. Justice:

and
The Honourable Mr. Justice:

Writ Petition No. .of 19 .

Between: .. Petitioner

AND
.. Respondent

Petition under Article 226 of the constitution of Indian, praying that

in the circumstances set out in the affidavit filed therewith, court may
be pleased to issue a writ of Habeas Corpus, etc.

The Petition coming on this day for orders, upon reading the
petition, etc., and upon hearing Mr. . for the petitioner, and
Mr. for the respondent, it is ordered that a Writ of
Habeas Corpus, do issue directed to the superintendent, Central Jail,
at . requiring him to produce the body of ..
confined in the said jail, immediately before this court to be dealt with
according to law.
Deputy Registrar.
To
The Superintendent, Central Jail (in duplicate)
2 The Chief Secretary to the Government of Andhra Pradesh,
General Administration Department, Hyderabad (with covering
letter).
3 The District Magistrate .
(Docket)

ORDER

Writ Petition No. ..of 19.

Directing the release from custody a detenue in the Central Jail
at
 19

FORM NO. 3

Writ of Habeas Corpus

IN THE HIGH COURT OF JUDICATURE: ANDHRA PRADESH AT

HYDERABAD.

To
The Office-in-charge of Jail / Asylum.

The Superintendent of
..

You are hereby directed to produce the body of

now a prisoner in (name Jail)
..

now in custody in (Asylum)

Now in your charge, under safe conduct before the High Court
of Judicature, Andhra Pradesh, Hydeerabad on ....(date)at

..(hour) in the forenoon of the same day and unless the

said shall then and there be ordered by the said court to
be released, cause him to be conveyed back under safe custody to the
Jail/Asylum/custody.

Witness the Honourable Mr. . Chief

Justice of the High Court of Judicature, Andhra Pradesh: at Hyderabad,

this . Day of in the

year One thousand nine hundred and

Deputy Registrar.
 20

FORM NO. 4

IN THE HIGH COURT OF JUDICATURE: ANDHRA PRADESH AT

HYDERABAD

Day the ..day of one thousand

nine hundred and

Present:- The Honourable Mr. Justice

And
The Honourable Mr. Justice
Writ Petition No. of 19 .
In the matter of . A detenue in the
Central Jail at .. Petitioner.

Petition under Article 226 of the Constitution of India praying

that in the circumstances stated therein and in the affidavit filed
therewith, the High court will be pleased to issue a Writ of Habeas
Corpus for production before the High Court, Andhra Pradesh at
Hyderabad, the person of ..a detenue in the Central Jail at
. to be dealt with according to law and direct that
he/they be set at liberty.

ORDER

This petition coming on for orders/hearing, upon perusing the

petition and the affidavit filed in a support thereof and other papers
material to this petition, and upon hearing the arguments of
Mr. Advocate for the petitioner, and of Mr.
for the Public Prosecutor on behalf of the State, it is ordered that
.. now a detenue in the Central Jail at ..under
.

(Specify Act) be released forthwith from custody, unless he is

liable to be detained in custody for some other cause.

Deputy Registrar,

Assistant Registrar
Dated
True copy
To
1. The Superintendent, Central Jail (in duplicate).
2. The Chief Secretary to the Government of Andhra
Pradesh, General Administration Department, Hyderabad
(with covering letter).
3. The District Magistrate.
 21

FORM No. 5

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH, AT HYDERABAD.

Where as this Court has granted a Writ of Habeas Corpus directed

.. to ( or other person) having the custody

of commanding him to have the body of ..

. before the said court...at

the High Court of Andhra Pradesh at Hyderabad immediately to undergo and

receive all and singular such matters and things as the court shall then and

there consider of concerning him in this behalf:

Now, take notice, that you are hereby required to have the body of the

said before the said court on the day

of 19, at the .hour of in the

fore ( or after) noon. And to make a return to the said writ. Or in default

thereof the said Court will then, or so soon after as counsel can be heard, be

moved for an attachment against you for your contempt in not obeying the

said Writ.

Dated the .day of 19 ..

Deputy Registrar
 22

FORM No. 6

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH, AT HYDERABAD.

Day, ..the day of.one thousand

nine hundred and

Present:- The Honourable Mr. Justice

And

The Honourable Mr. Justice

Writ Petition No. of 19 .

BETWEEN:
1. Petitioner
And
2 Respondent

Petition praying that in circumstances stated in the affidavit

filed therewith, the High Court will be pleased to issue a writ of
certiorari calling for the records in on the file of the
. And quash the order therein.

This petition coming for orders, upon perusing the petition, the
affidavit filed in support thereof and upon hearing the arguments of
Mr. Advocate(s), the petitioner, it is ordered as follows:-

1) that a writ of certiorari nisi returnable do issue to the calling

for the records in .. on the file of..

2) that a rule nisi do issue to the respondent herein directing

him to appear before this Court in person or by advocate on
.. at 10.30 a.m. and to show cause why this
application should not be complied with.

Assistant Registrar.
Dated .16 ..

ORDER
Writ Petition No. . of 19

Directing issue of a writ of certiorari .calling

for the records in on the file of . and rule nisi to
respondent to show cause why this application should not be complied
with.
 23

COMPOSITE FORM NO. 7

IN THE HIGH COURT OF JUDICATURE: ANDHRA PRADESH : AT HYDERABAD

(Special Original Jurisdiction)

day the . day of .. . One thousand nine

hundred and eightly
Writ Petition No. and Writ Miscellaneous Petition
No.Writ Appeal No and Writ Appeal Miscellaneous Petition
No 19
BETWEEN
Petitioner/Petitioners
..
Appellant and Petitioner
And
Respondent in both
To
Respondent No.
Upon motion this day made into this Court by Mr. ..
Advocate for the Writ Petitioner/Writ Appellant and the Court being of
opinion that the records relating to and touching upon all the matters
and contentions raised in the Memorandum of Writ Petition/Writ
Appeal a copy of which is annexed hereto, together with the decision
therein should be called for and perused; and that the prayer in Writ
Miscellaneous Petition/ Writ Appeal Miscellaneous Petition, copies of
petition and affidavit of which are annexed hereto may be considered.

IT IS HEREBY COMMANDED

(1) That you, the aforesaid Respondent No. do send for our use
in High Court of Judicature, Andhra Pradesh at Hyderabad all and
singular the said records and others with all things touching the same
as fully and perfectly as they have been made by you, and now remain
in your custody or power together with this, our writ before the day of
. 198 and

(2) That if you intend to oppose the Writ Petition and Writ Miscellaneous
petition/Writ Appeal and Writ Appeal/Miscellaneous Petition you, the
aforesaid Respondent No.. do appear personally or by Advocate
on the day of ..198 at 10.30 before this Court,
show cause why they should not be complied with, and that we may
cause further to be done thereon what of right and according to law
we shall fit to be done.

Witness the Honourable Mr Chief Justice of the High

Court of Judicature, Andhra Pradesh at Hyderabad, this the day of
in the year one thousand nine hundred and eighty.

Hearing date

Assistant Registrar