Affidavit for Writ of Prohibition under Article 226 of the Constitution to be filed in High Court as Public Interest Litigation


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

WRIT PETITION (CIVIL) NO. OF 20__

PUBLIC INTEREST LITIGATION


IN THE MATTER OF:

___________________                                              PETITIONER

VERSUS

GOVERNMENT OF NCT OF DELHI & ORS                         RESPONDENTS

AFFIDAVIT

I, ___________________, S/O ___________________, aged _______, Occupation _________________ Resident of ____________ do hereby solemnly affirm and state as follows :-

1. I am the Petitioner No. 1 in the Present Writ Petition (PIL) and I am well conversant with the facts of the present writ petition and hence, am competent to swear this affidavit.

2. This petition has been filed by me along with Petitioner No.2 and Petitioner No.3 as co-petitioners, as a Public Interest Litigation.

3. I have gone through the Delhi High Court (Public Interest Litigation) Rules, 2010 and do hereby affirm that the present Public Interest Litigation is in conformity thereof.

4. I have no personal interest in the litigation and neither I nor anybody in whom I am interested would in any manner benefit from the relief sought in the present litigation save as a member of the General Public. This petition is not guided by self-gain or gain of any person, institution, body and there is no motive other than of public interest in filing this petition.

5. I have done whatsoever inquiry which was in my power to do, to collect all data which was available and which was relevant for this Hon’ble Court to entertain the present petition. I confirm that I have not concealed in the present petition any data/material/information which may have enabled this Hon’ble Court to form an opinion whether to entertain his petition or not and/or whether to grant any relief or not.

6. That the accompanying Petition has been drafted under my instructions and the contents thereof except the legal averments contained therein are true and correct based on my knowledge and belief. The legal averments contained therein are true and correct on the basis of legal advice received by me and believed by me to be true and correct. The contents of the Petition are not being repeated here for the sake of brevity and to avoid prolixity. The contents of the same may be read as a part of this Affidavit.

7. That no part of this Affidavit is false and no material facts have been concealed therefrom.

8. 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


 

Writ of Prohibition

A writ of prohibition issues to prevent a judicial authority subordinate to the High Court from exercising jurisdiction over a matter pending before it. This could be on the ground that the authority lacks jurisdiction and further that prejudice would be caused if the authority proceeds to decide the matter. Where the authority is found to be biased and refuses to rescue, a writ of prohibition may issue.