Calcutta High Court Writ Petition: Fees, Procedure, and Drafting

The writ petition under Article 226 of the Constitution of India is one of the most powerful legal remedies available to citizens and entities in West Bengal. The Calcutta High Court, one of the three Chartered High Courts of India established under the Letters Patent of 1862, exercises original writ jurisdiction over the entire state of West Bengal. Whether you are challenging an administrative order, seeking mandamus against a government authority, or contesting a statutory tribunal decision, filing a writ petition in the Calcutta High Court requires precise drafting, proper court fee, and adherence to procedural rules. At FileX Advocates & Legal Consultants, we draft and file writ petitions before the Original Side and Appellate Side of the Calcutta High Court on a wide range of matters.

What Is a Writ Petition Under Article 226?

Article 226 of the Constitution empowers the High Court to issue directions, orders, or writs—including habeas corpus, mandamus, prohibition, quo warranto, and certiorari—to any person, authority, or government body within its territorial jurisdiction. The scope of Article 226 is broader than Article 32 (which is limited to fundamental rights), as the High Court can issue writs not only for enforcement of fundamental rights but also for any other legal right.

The types of writs available are:

• Habeas Corpus: Directs the authorities to produce a person who has been detained, to test the legality of the detention.
• Mandamus: Directs a public authority to perform its statutory duty.
• Prohibition: Prevents a lower court or tribunal from exceeding its jurisdiction.
• Certiorari: Quashes an order passed by a lower court, tribunal, or administrative authority without jurisdiction or in violation of natural justice.
• Quo Warranto: Challenges a person holding a public office without legal authority.

Jurisdiction of Calcutta High Court

The Calcutta High Court exercises writ jurisdiction over the state of West Bengal. The High Court is divided into the Original Side (matters originating in Kolkata, including company, testamentary, and admiralty matters) and the Appellate Side (appeals and writs from the districts). Writ petitions are filed on the Appellate Side for matters arising from district authorities and on the Original Side for certain Kolkata-specific matters.

The High Court sits at its principal seat at 3, Esplanade Row (West), Kolkata, and at its Circuit Bench in Jalpaiguri for matters from the Darjeeling and Jalpaiguri districts.

Court Fees and Stamp for Writ Petitions

The court fee for filing a writ petition in the Calcutta High Court is governed by the Court Fees Act, 1870, as applicable to West Bengal, and the Rules of the Calcutta High Court (Appellate Side). The structure is as follows:

• Writ Petition (Article 226): Court fee of Rs. 500 (five hundred rupees) for the writ petition. If interim relief is sought (stay, injunction), an additional process fee is payable.
• Affidavit: Rs. 20 (twenty rupees) per affidavit, with additional charges for each extra page beyond the first.
• Vakalatnama: Rs. 10 (ten rupees) court fee, along with the bar council enrolment verification.
• Certified copy application: Rs. 10 per page for certified copies of orders and judgments.
• Memo of appearance and other processes: Rs. 5 to Rs. 20 depending on the process.

Stamp paper requirements: The writ petition is filed on a non-judicial stamp paper of Rs. 10 (ten rupees), with the affidavit in support sworn on Rs. 10 stamp paper before a Notary Public or an Oath Commissioner. In addition, a process fee is payable for issuance of notices to the respondents, calculated based on the number of respondents.

It is important to note that the court fees are nominal because writ petitions involve fundamental and statutory rights. However, the cost of drafting, filing, and representation by an advocate is additional.

Drafting a Writ Petition

A well-drafted writ petition is the foundation of a successful writ action. The structure of a writ petition in the Calcutta High Court is as follows:

1. Cause Title: "In the High Court at Calcutta (Appellate Side)" with the names of the petitioner(s) and respondent(s).
2. Petition Under Article 226: A clear statement that the petition is under Article 226, specifying the nature of the writ sought (mandamus, certiorari, etc.).
3. Jurisdiction: A statement that the cause of action arose within the jurisdiction of the Calcutta High Court.
4. Facts: A chronological statement of facts, with dates and documents, forming the basis of the petition.
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6. Grounds: The legal grounds on which the writ is sought, including violation of statute, natural justice, arbitrariness, or violation of fundamental rights.
7. Relief Sought: The specific prayers, including interim relief (stay of the impugned order, direction to the authority, etc.).
8. Interim Relief: If interim relief is sought, a separate application for stay or injunction is filed along with the writ petition.
9. Affidavit: The petition is verified by an affidavit sworn by the petitioner or a power of attorney holder.

The petition should be concise, avoiding unnecessary verbosity. The Calcutta High Court has, in several orders, deprecated the practice of filing lengthy writ petitions with irrelevant details, and has emphasised that a petition should not exceed thirty to forty pages unless the matter is complex.

Filing and Listing Procedure

The procedure for filing and listing a writ petition in the Calcutta High Court is as follows:

1. Draft and print: The writ petition is drafted and printed in the prescribed format. Copies are prepared—one for the court, one for each respondent, and one for the petitioner records.
2. Filing: The petition is filed at the Filing Counter of the Calcutta High Court (Appellate Side) or through the e-filing portal. The court fee, stamp, and process fee are paid at the time of filing.
3. Scrutiny: The filing section scrutinizes the petition for completeness and compliance with the rules. If there are deficiencies, the petitioner is notified to cure them.
4. Numbering: Once the petition is in order, it is numbered and assigned to a bench (Single Bench or Division Bench, depending on the subject matter).
5. Mentioning and listing: The advocate mentions the matter before the bench for listing. For urgent matters, the advocate can move a mention application for early listing.
6. Interim order: If interim relief is sought, the court may pass an ex parte stay or interim direction on the first date of hearing, after which notice is issued to the respondents.
7. Hearing and disposal: The court hears both parties and disposes of the writ petition by allowing, dismissing, or disposing of it with directions.

Urgent Hearing and Mentioning

For matters requiring urgent hearing—such as demolition, eviction, or time-sensitive administrative action—the advocate can file a mention application before the Chief Justice or the designated bench, seeking early listing. The Calcutta High Court has a well-established mentioning system, where urgent matters are mentioned before the bench at the start of the court day. If the court is satisfied that the matter is urgent, it directs immediate listing, sometimes on the same day or the next day.

For after-hours emergencies (habeas corpus, imminent demolition), an emergency application can be moved before the duty judge or the Chief Justice at the residence.

Writ Appeal: Division Bench

An appeal against an order of the Single Bench lies before the Division Bench of the Calcutta High Court under the Letters Patent (Clause 15). The appeal, known as a Writ Appeal (WA), must be filed within ninety days of the Single Bench order. The Division Bench hears the appeal on the record of the Single Bench and can confirm, modify, or reverse the order.

A further appeal lies to the Supreme Court under Article 136 of the Constitution (Special Leave Petition), but only in cases involving substantial questions of law.

Common Writ Petitions Filed in Calcutta High Court

Based on our practice, the most common writ petitions filed in the Calcutta High Court include:

• Service matters—challenging termination, suspension, or denial of promotion by government departments, PSUs, and municipalities in West Bengal
• Tax matters—challenging GST assessment orders, professional tax demands, and revenue recovery proceedings
• Land and property matters—challenging acquisition notices, mutation refusals, and illegal eviction by authorities
• Education matters—challenging denial of admission, results, or recognition of educational institutions
• Regulatory matters—challenging orders of the WBSEDCL, CESC, Bidhannagar Municipality, KMC, and other statutory bodies
• Pension and retirement benefits—challenging denial of gratuity, pension, or provident fund by the state government or undertakings

Frequently Asked Questions

If you need to file a writ petition in the Calcutta High Court, contact FileX Advocates & Legal Consultants for expert drafting and representation. Our team at 14 Hare Street, Kolkata handles writ petitions across service, tax, property, regulatory, and administrative law. Message us on WhatsApp for immediate assistance.