Legal Article

What is the difference between a writ petition and appeal in high court?

Shivendra Pratap Singh

Advocate

High Court Lucknow

Article

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Published on: 23 Jan, 2023

A writ petition and an appeal are both legal remedies that can be used to challenge decisions made by lower courts or administrative bodies, but they are different in terms of their purpose and the type of relief they can provide.

A writ petition is a legal remedy that can be used to challenge the actions of a public authority, such as a government agency or a lower court, when they are acting outside of their jurisdiction or are violating an individual’s rights. Writ petitions are typically used to seek relief such as an order directing the public authority to take a specific action, or to quash an order or decision made by the authority.

An appeal, on the other hand, is a legal remedy that can be used to challenge the decision of a lower court. Appeal must be decided on the grounds taken in the memo of appeal. An appeal is generally used to seek a review of the lower court’s decision, and to request that the decision be overturned, modified, or remanded for further proceedings.

In India, writ petitions are heard by the High Courts under Article 226 and by the Supreme Court under Article 32 of the Indian Constitution. While appeals can be filed to the higher courts against any judgement, order or decision of a lower court or tribunal, in which case they are heard by the High courts under Article 227 and by the Supreme court under Article 136.

In summary, a writ petition is a legal remedy that can be used to challenge the actions of public authorities, and an appeal is a legal remedy that can be used to challenge the decisions of lower courts.