Article 226 Review | Kolkata
Legal information note: This page is a practical checklist for assessing whether a dispute may be suitable for writ review. It is not a substitute for advice on a particular case.
Start with maintainability before drafting
An Article 226 petition is not a general appeal against every adverse decision. Before drafting, identify the legal right said to be affected, the public or statutory authority involved, the action or inaction challenged, the remedy already available, and the specific relief required.
For case-specific representation, use the dedicated Writ Petition Lawyer in Kolkata | Calcutta High Court service page. The broader Calcutta High Court Lawyer hub explains related High Court routes.
Maintainability checklist
Questions to answer before considering Article 226
- What legal right or interest is affected? Identify the statutory, constitutional or other legal basis rather than relying only on unfairness in a general sense.
- Who took the impugned action? Record the authority, office, statutory body or other respondent and the source of its power.
- Is there a written order or identifiable inaction? Obtain the order, notice, communication or proof of non-response.
- Is an effective statutory remedy available? An appeal, revision, tribunal or other remedy can materially affect writ strategy.
- What is the alleged public-law error? Examples may include jurisdictional error, breach of natural justice, failure to consider relevant material, absence of reasons or other legally reviewable procedural defects, depending on the facts.
- Are material facts seriously disputed? A case that depends mainly on contested oral evidence may require a different forum or procedural route.
- What interim protection is actually needed? Separate any urgent stay or status-quo request from the final relief.
Documents
Prepare the administrative record first
- The impugned order, notice, memorandum or decision.
- Representations, applications and acknowledgements already submitted.
- Replies, hearing notices and authority communications.
- The statute, rules, notification, policy or tender/service provision relied upon.
- Documents supporting the factual chronology.
- Orders passed by any appellate, tribunal or departmental authority.
- A one-page date-wise chronology including the next deadline or threatened action.
Where an alternative remedy exists, keep the material needed to explain its status, availability and practical relevance. Do not omit an adverse order or earlier proceeding from the review file.
Jurisdiction and procedure
Calcutta High Court filing requires forum-specific review
The High Court at Calcutta has rules governing applications under Article 226, and current bench determination, filing practice, territorial jurisdiction and case category must be checked for the particular dispute. Subject-matter allocation can also matter for education, police, service, tender and other writ categories.
Official references: Constitution of India and the Calcutta High Court Article 226 Rules notification.
Urgency
Interim relief should be tied to a concrete risk
If an authority is about to implement an order, cancel an appointment, blacklist a bidder, demolish property, recover money, suspend a benefit or take another time-sensitive step, document the threatened action and date. An urgent application should explain what will happen before the matter can be finally heard and why the requested interim order is connected to the legal challenge.
For urgent High Court relief, see the High Court stay application guide.
Frequently asked questions
Article 226 writ questions
Does every government or authority dispute qualify for a writ petition?
No. Maintainability depends on the nature of the respondent, the legal right affected, the challenged action, available remedies and the factual record.
Does an alternative remedy always bar Article 226 review?
No single rule decides every case. The existence and effectiveness of a statutory remedy is an important maintainability factor and should be assessed against the facts and recognised legal exceptions.
What should be reviewed first for an urgent writ?
Start with the impugned action, legal basis, deadline, alternative remedy, documents supporting urgency and the precise interim and final relief sought.
Related KLS guidance
Use the specialist page matching the dispute
- Writ Petition Lawyer in Kolkata
- Calcutta High Court Lawyer Services
- Employment and Service Matter Lawyer in Kolkata
- Tender Writ Petition Services
- SIR Writ Assistance
Last reviewed: 17 September 2026.
