CIVIL PLEADINGS

1. Notice
Problem: Sri Ramana is the owner of vacant Site bearing Survey No. 555/20 in Dwaraka Nagar,
in Tirupati. The plot measured only 1500 Sq.Ft facing South Side. On the Easter Side of the vacant
Site One Neighbor named Sri. Sekhar started Construction of a house and has encroached 5 feet
plot belongs to Sri Ramana and constructed compound wall. Then Sri Ramana asked Sri Sekhar
to check the boundary measurements, but Mr. Sekhar has not responded to him. Sri. Ramana wants
to take legal action against Mr. Sekhar. He approached You for advice. Draft a Legal Notice.
Tirupati,
Date: 25/04/2023
From,
Sri. K.R. Murga Doss
Advocate
Tirupati – 517501

To,
Mr. Sekhar
S/o Rajaram
6/ 77, K.T.Road ,
Tirupati – 517501

Sir,
Under the Instructions from my Client Sri. Ramana S/o Krishna residing at Door No. 302,
Kennedy Nagar , Tirupati , I hereby issue this notice as follows:
My Client Sri. Ramana states that he is the owner of the Vacant Site bearing No. 555/20, Dwaraka
Nagar, Tirupati. The plot measures 1500 Sq.Ft.
My Client states that your plot is situated to the vacant site of my client and you have started
construction of the compound wall by encroaching 5 feet of my client’s vacant site.
In spite of repeated questioning by my client about the encroachment of the vacant site, you hav
not responded to the demand of my client.
I hereby call upon you and instruct you to remove the unlawfully constructed compound wall and
encroachment upon my clients’ vacant site forth with. If you are not removing the unauthorized
construction, appropriate legal proceedings will be initiated against you in the court of law.
Avoid unpleasant consequences and litigation.
Advocate
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 2. Plaint
Problem: Mr. Raju is the owner of the 5 Acres of land in Survey No. 140/1 in Perur Village. He
inherited this landed property from his ancestors. One person by name Mr. Subbu, has purchased
adjoining land to the North of Mr. Raju’s land with Survey No. 140/2. He acquired the said land
from Mr. Gopal, a few months back. Both the lands were separated by a big bund of 3 feet wide
and 6 feet height running from east to west. When Mr. Raju went out of the village, Mr. Subbu
had dug the bund by encroaching 5 cents of Mr. Raju land. Mr. Raju approaches you from
appropriate advice. Draft a Plaint for possession of encroachment of land and injunction.
IN THE COURT OF ADDITIONAL SUBORDINATE JUDGE :: PLACE: TIRUPATI
O.S. 5 / 2022
Between
Mr. Raju ……………………………………………...Plaintiff
S/o. Sri. Venkataramana
D.No, 31 Perur Village,
Chittoor District
AP.

Vs.
Mr. Subbu ……………………………………………..Defendant
S/o S. Sivarama
D.No: 12, Sannidhi Street
Tanapalli Village
Chittoor District
AP.

Plaint Filed Under Section 26 and Order: 7 Rules 1 & 2 CPC

Plaintiff: Mr. Raju S/o Mr. Venkatramana , Hindu, aged 55 Years residing at D.No. 31, Perur
Village, Chittoor District, A.P.
The address for the service and process is as stated above and is C/o Advocate, Tirupati and is
residing within the jurisdiction of this Honorable Court.
Defendant: Mr. Subbu , S/o S. Sivarama, Hindu, aged 52 years, residing at D.No 12, Sannidhi
Street, Tanapalli Village, Chittoor District, A.P.
The address of the defendant for the service and process is as stated above and is residing within
the jurisdiction of this Honorable Court.

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1. It is submitted that the plaintiff is the owner of the land of about 5 Acres of landed property
situated in S.No 140/1 in the Perur Village, which has been inherited from his ancestors.
The plaintiff is in possession and enjoyment of the said land and paying land revenue to
the government regularly.
2. It is respectfully submitted that the defendant subsequently on 11th November, 2020 has
purchased the adjoining land in the Northern side in S.No 140/2, measuring 2Acres of land
from Mr. Gopal and obtained possession of the said land. Both the lands of the plaintiff
and defendant are separated by a big bund of about 3 feet wide and 6 feet height running
from East to West. The said bund lies in the land of the plaintiff. A rough sketch is filed
along with the plaint showing respective lands of plaintiff and the defendant.
3. Its humbly submitted that on 15th February, 2021, when plaintiff was out of the Village,
the defendant forcibly and clandestinely dug away the said bund and erected a new bund
in the land of the plaintiff and thus encroached an area of about 5 cents of land.
4. It is submitted that the plaintiff having come to know about it, raised a dispute before the
elders of the village who failed to persuade the defendant to restore the original bund after
demolishing the newly erected bund and to restore the original land occupied by the
defendant.
5. It is submitted that the plaintiff has issued the legal notice dated 20th February, 2021
through his advocate for which the defendant gave a reply to the notice on 24th February,
2021, with false and untenable contentions. Therefore, the plaintiff is entitled to seek
recovery of the possession of the land of about 5 cents occupied forcibly by the defendant
and also for permanent injunction against defendant from interfering with the plaintiff’s
enjoyment of said scheduled land.
6. It is stated that the cause of action for the suit arose on 15th February, 2021, when the
defendant unauthorized and forcibly occupied 5 cents of land shown in the sketch by
shaded mark. These lands are situated in the village of Perur within the Jurisdiction of the
Honorable Court.
7. The Value of the Suit for the purpose of Court Fee and Jurisdiction is as follows:
a. Relief for recovery of possession of 5 cents of land shown in rough sketch is valued
at Rs.1000/- per cent, 3/4th of the market value is being Rs. 750/-.
b. Relief for permanent injunction restraining the defendant from interfering with the
plaintiff possession an enjoyment of the suit land of about 5 cents showed in shaded
mark in rough plain sketch valued by the plaintiff at Rs.1000/-.
c. A court fee of Rs.750/- for relief of possession under section 29 and Rs. 1000/- for
the relief of injunction under section 26 ( C) of A.P. Court fee and suits Valuation
Act, 1956 is paid herewith.

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 8. The plaintiff therefore prays that this Honorable Court may be pleased:
a. To grant relief for the vacant possession of encroached land shown n shaded map
in the plaint measuring about 5 cents after ejecting the defendant there from.
b. To grant a decree for permanent injunction restraining the defendant and his men
from interfering in any manner with the plaintiff’s peaceful possession and
enjoyment of the land of about 5 cents marked in the plaint plan.
c. To award cost of the suit.
d. To grant such other relief r relief’s as the Honorable Court may deem fit and proper
in the circumstances of the case.

Tirupati, Plaintiff
25/02/2011

VERIFICATION
I, Mr. Raju, owner of vacant land with Survey No. 140/1, the plaintiff herein do here by declare
that the Above stated facts are true to the best of knowledge, information and belief.
Plaintiff
Advocate for Plaintiff

List of Documents
1. Certified copy of land bearing survey No. 140/1
2. Legal Notice dated 20/02/2011
3. Reply Notice dated 24/02/2011
4. Rough Sketch of the land.
List of Witness
1. Witnesses signed in the document
2. Village Elders
3. Watchman of the land.
Schedule:
Survey No: 140/1 measuring 5 acres of land.
North: Subbu’s land with S.No 140/2
East: Canal
West: Perur Road
South: Raju’s Land with Survey No. 140/1

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 3. Written Statement
Problem: A Suit has been filed by a dealer in medicine and drugs by name “Chandra Medicals”.
He filed the suit for damages and compensation in respect of defamatory publications in the
Newspapers. The defendant is the owner and editor of an English Daily having wide circulation in
the state. He published in his Newspaper that the plaintiff is selling fake and Spurious drugs. The
plaintiff has suffered irreparable loss and mental agony and thus filed the suit. Draft a Written
Statement in reply to the suit filed by the plaintiff.

IN THE COURT OF PRINCIPAL SUBORDINATE JUDGE, TIRUPATI

O.S.NO. 5/2011

Between
Chandra Medicals ……………………………………………………………………….Plaintiff
Vs.
Mohan, Editor, English Daily …………………………………………………………..Defendant

Written Statement filed by Defendant Under Order 8, Rule 1 of C.P.C.

The Allegations stated in the plaint are false. The suit is not maintainable in law or on facts.
1. It is false to state that the statements to have made by the plaintiff against defendants are
defamatory.
2. It is submitted that the allegations made by the defendant are not absolutely false. They are
substantially true. The servant working in the shop has stated the fact that drugs are
spurious with false names and customers who has purchased drugs in the shop has shown
the bill along with the drugs.
3. The defendant has reason to believe that the alleged allegations are true. Fair The defendant
honestly believed in the truth of the allegations. They are not made out of hatred, anger,
prejudice and other wrongful motives.
4. The alleged allegations are only made in public interest but not to wreak vengeance over
the plaintiff. The defendant has in fact no vengeance against the plaintiff.
5. The allegations made by the defendant are general in nature and are not specifically made
against the plaintiff in particular.
6. The defendant is entitled to claim absolute privilege in making the allegations. He claims
absolute privilege which affords him complete immunity to fight against evil and protect
welfare of the society and their interest.
7. There is no publication of all allegations. They were not communicated to any third person.

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 8. The allegations made are only fair and bona fide comments on the acts or conduct of the
plaintiff.
9. The quantum of damages claimed is also excessive. The plaintiff has no such reputation to
claim the said quantum of damages.
10. The suit is also barred by limitation, since it was filed after the expiry of one year from the
date of the alleged publication.
11. The defendant therefore prays that the suit may be dismissed with costs.

Verification
I, Mohan, owner and editor of English Daily, do hereby declare that the above stated facts are
true to the best of my knowledge, information and belief.

Defendant Counsel for Defendant

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 4. Affidavit

Setting Aside Exparte Decree Under Order IX Rule 13 C.P.C.

Problem: Priya filed a suit for partition against Swarna and the suit was posted for Swarna’s
written Statement on 09.02.2021. The defendant was absent on that day and an exparte decree was
passed against her, who was not aware of the date of adjournment. Swarna wanted to file a petition
for setting aside exparte decree against her. Draft a petition setting aside an exparte decree under
Order IX, Rule 13 of C.P.C.
Affidavit
In the Court of Senior Civil Judge, Tirupati

I.A. 160 / 2021

O.S. 175 / 2020

Between
Swarna ……………………………………………………..Petitioner / Defendant
Vs.
Priya ………………………………………………..………..Respondent / Plaintiff

AFFIDAVIT FILED ON BEHALF OF PETITIONER / DEFENDANT

I, Swarna W/o Ramana residing at D. No. 14-1-278 , K.K. Layout, Tirupati, Chittoor District (A.P.)
within the Jurisdiction of this Honorable Court do hereby solemnly affirm and state as follows:

1. I am the petitioner and defendant in the above suit.

2. The written statement filed by me along with the petition may be read as part and parcel of
this affidavit.
3. I am filing this petition for setting aside exparte decree which was passed on 09-02-2021,
as I had no knowledge about the date of adjournment.
4. I submit that the above suit for partition was posted on 09-02-2021 for filing the written
statement and appearance of defendant. I submit that I could not attend the court and file a
written statement due to my illness.
5. I could not ring up and find our hearing date from any counsel as I had undergone
appendicitis operation. I was hospitalized and taken bed rest for one month. I am enclosing
medical certificate to substantiate my absence.

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 6. I submit that I have filed this petition for setting aside exparte decree passed against me
and decide the case on merits. Otherwise it will be put to irreparable loss and hardship.
7. In the above circumstances, in the interest of Justice, that the Hon’ble Court may be pleased
to set aside the exparte decree passed on 09-02-2021 and permit me to contest the suit on
merits and pass such other order or orders as the Hon’ble Court may deem fit and proper.

Deponent
It is solemnly affirmed and signed before me on 09-02-2021.

Petition

In the Court of Senior Civil Judge, Tirupati

I.A. 160 / 2021
O.S. 175 / 2020

Between
Swarna ……………………………………………………..Petitioner / Defendant
Vs.
Priya ………………………………………………..………..Respondent / Plaintiff

PETITION FILED ON BEHALF OF PETITIONER

UNDER ORDER IX RULE 13 OF CPC

For the reason stated in the accompanying affidavit it is therefore prayed.

a. That the Hon’ble Court may be pleased to set aside the exparte decree dated 09-02-
2021passed against the petitioner.
b. To grant such order relief or relief’s as the Hon’ble Court may deem fit and proper under
the circumstances of the case.
c. To grant the cost of the petition.
Place: Advocate for the Petitioner
Date:
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 5. Original Petition
Petition for Restitution of Conjugal Rights

Problem: Radha and Shyam married at Tirupati on 12-10-1998. They lived like husband and wife
and they have two issues born out of their wed lock a boy and a girl aged 10 and 8 years
respectively. Radha used to visit her parents’ house along with the children quite often and never
used to intimate the petitioner. Petitioner used to bring her back. On the day of “Ugadi” i.e., 18-
03-2010 she left to her parent’s house and never returned back. When petitioner approached her,
she flatly refused to come back. Mediation was convened by the elders but in vain. Petitioner
issued a legal notice on 16-01-09 but she gave a contentious reply. Petitioner wanted to have
conjugal life with wife. Advise your client accordingly. Draft a Petition for restitution of conjugal
rights U/s 9 of H.M. Act, 19155.

ORIGINAL PETITION
IN THE COURT OF ADDITIONAL DISTRICT JUDGE, TIRUPATI

O.P. 7/2011

IN THE MATTER OF HINDU MARRIAGE ACT, 1955

Shyam …………………………………………………………………Petitioner
Vs
Radha ………………………………………………………………. Respondent

Petition filed U/s 9 of Hindu Marriage Act, 1955m, Rule 6 of A.P. Rules

Shyam S/o Govind, Hindu, aged 35 years residing at Nehru Street, Tirupati
………………………………………………………………..……………………….Petitioner
Vs.
Radha W/o Shyam, Hindu, aged 30years presently residing at Kotha Peta, Chandra Giri
……………………………………………………………………………..……….Respondent

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1. It is submitted that the respondent is the wife of the petitioner and their marriage took place
at Tirupati on 12-10-1998. After the marriage both the petitioner and respondent had been
living together as husband and wife at Door No. 40, Nehru street. They have two children
a boy and a girl aged 10 years and 8 years respectively.
2. It is submitted that since about 2 years, the respondent was often going to her parents’
house at Kothapeta, Chandragiri without prior intimation, taking the children along with
her. She developed hatred towards the petitioner for n fault of the petitioner. She used to
leave the house without any information to the petitioner, to her parents’ house and the
petitioner had to bring her back every time.
3. It is submitted that on 13-03-2010 on “Ugadi day” the respondent left along with the
children to her parents’ house without prior intimation to the petitioner and the petitioner
as usual went to her parents’ house and asked her to come back to the petitioners’ house.
But, she flatly refused to come back and live with the petitioner. The petitioner there upon
brought the matter before the elders, but they failed to persuade her to join the petitioner.
Thus, the respondent without any reasonable excuse, withdrew from the society of the
petitioner.
4. The petitioner submits that the respondents is bound to live with the husband (Petitioner)
and give him the conjugal obligations. The petitioner is therefore entitled to seek restitution
of conjugal rights. The petitioner has issued a legal notice dated 16-01-2011 to the
respondent, but she gave a contentious reply with false and untenable allegations.
5. The cause of action for the petition arose on 12-10-1998, when the marriage of the
petitioner with the respondent took place and 18-03-2010, when the respondent withdrew
from the company of the petitioner without any reasonable cause and subsequently when
the respondent refused to return to the petitioner’s house and on 16-01-2011. When the
petitioner issued a legal notice through his advocate to the respondent calling upon her to
come back and join the petitioner at Tirupati, where both of them have lived together is
within the jurisdiction of this Honorable Court.
6. The Court fee for Rs. 10/- is herewith paid under Article 1(vii) of Schedule 11 of A.P.
Court Fees and Suit Valuation Act.
7. The petitioner, therefore, prays that the Honorable Court may be leased to pass a decree in
his favour:
a. Directing the respondent to come back to the house of the petitioner and live with
him for discharging her conjugal obligations.
b. To grant such other relief or relief’s as the Honorable Court may deem fit and
necessary in the circumstances of the case.

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Petitioner
List of Documents Enclosed:
1. Marriage Invitation
2. Video Recording Tape
3. Legal Notice

Verification

I, Shayam, S/o Govind, residing at D. No 40, Nehru Street, Tirupati, the petitioner herein, do
hereby, declare that the above facts are true to the best of my knowledge information and belief.

Advocate for Petitioner Petitioner

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 6. Interlocutory Application

Application for the Appointment of Commissioner

Problem: The petitioner has filed a suit for declaration and mandatory injunction restraining
Respondent / Defendant not to meddle with the partition wall and obtained temporary injunction
not to proceed with the construction of the partition wall. The Respondent / Defendant has started
construction inspite of temporary injunction obtained by petitioner. Advice your client to file a
petition for the appointment of Commissioner and to examine the suit locality and note the physical
features of the suit scheduled property. Draft a petition for the appointment of Commissioner to
examine the suit locality and note the physical features.

IN THE COURT OF SENIOR CIVIL JUDGE, TIRUPATI

I.A. No. 65 / 2021
O.S. No. 20/2020
Balaji ………………………………………………………….. Petitioner
Vs.
Venkat …………………………………………………………Respondent

AFFIDAVIT FILED BY THE PETITIONER

I, Balaji, S/o Raju, Hindu, aged 30 years, resident of Gandhi Road, Tirupati, Chittoor District, A.P.
within the Jurisdiction of this Honorable Court, do hereby solemnly affirm and state as follows:
1. I am the Petitioner herein and plaintiff in the above suit.
2. I have filed the present suit against the defendant for declaration that the wall separating
my house from the defendant property and prayed for mandatory injunction for
demolishing the illegal constructions made by the defendant.
3. I have also obtained temporary injunction restraining the defendant from proceeding with
the construction of the suit wall. Whereas before filing the suit, the defendant has already
started construction and by the time the injunction order was served on him, he made some
more construction on the suit wall.
4. In order to appreciate the evidence adduced on both the sides and in order to decide the
exact illegal constructions that have to be removed by way of mandatory injunction. It is
necessary in the interest of Justice that the Honorable Court may be pleased to appoint a
Commissioner to observe the physical features of the suit wall and the Constructions there
on and to report the Court accordingly.

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Deponent
Solemnly affirm and signed before me on 01-030-2011 at Tirupati.

Advocate / Attester

Petition

IN THE COURT OF SENIOR CIVIL JUDGE, TIRUPATI

I.A. 65/2011
O. S. No. 20/ 2010

Balaji ………………………………………………………….. Petitioner

Vs.
Venkat …………………………………………………………Respondent

PETITION FILED UNDER ORDER XXVI RULE 9 AND SECTION 151 OF CPC
For the reasons stated in the accompanying affidavit, the petitioner prays that the Honorable
Court may be pleased.
a. To appoint the Commissioner to observe the Physical features of the suit wall and the
constructions existing there on and such other features as may be pointed to him by the
parties.
b. To prepare a plan and file the same along with his report.

Tirupati

Date: Advocate / Attester

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 7. Execution Petition
Problem: Gopi filed a suit against and obtained a decree for Rs.18,749.45 Paisa. But Babu has not
compiled with the decree. Gopi filed an E.P. for attachment of immovable property. Draft
execution Petition.
IN THE COURT OF I ADDITIONAL DISTRICT MUNSIFF, TIRUPATI
E.P. No: 5/2011
O.S.NO: 599 /2009

Gopi ……………………………………………………Decree Holder / Plaintiff

Vs.
Babu …………………………………………………. Judgment Debtor / Defendant

EXECUTION PETITION FILED UNDER RULE II (2) OF ORDER XXI OF ACT V OF

1908

1 No. of SUIT O.S. 599/2009

2 Name of the Plaintiff / Decree holder
Name of the Defendant / Judgment Debtor
Gopi S/oMadan Hindu , aged 55
years, residing at D.No 1233 N.G.O’s
Colony, K.T.Road Tirupati, Chittoor
District, A.P.
Babu S/o Ramu, Contractor, Hindu,
Aged 30 years residing at Chandra
Giri road, Tirupati, Chittoor District
A.P. Peruru Panchayat Limits

3 Date of Decree 28-03-2009

4 Whether any appeal has been preferred from No
the decree
5 Whether any and what adjustment of the No
matter in dispute has been made between
parties subsequent to the decree
6 Whether any and what previous applications No
have been made for the execution of the decree
and with what result

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6(a) Whether, the original decree holder has No
transferred any portion of the decree, if so the
date and name and address of the parties
6(b) Whether insolvency proceedings has been No
instituted
7 The amount of debt (or) compensation with Decree amount 18,749.45
interest if any due upon the decree or other
reliefs granted thereby From 08-07-2009 8, 801.00
To 25-02-2011

8th column amount 3,509.00

Advocate fee 1,075.00
-----------------
Total 32,134.95
-----------------
(Thirty two Thousands and one
hundred thirty four rupees and thirty
four paisa)

8 The amount of Cost if any awarded
9 The name of the person against whom the
enforcement of decree is sought
10 Relief Prayed
Suit Cost Rs. 3509.50 Paise . This EP
Cost.
Against the property of JDR Babu
The Decree holder therefore prays
that the Hob’ble Court may be
pleased to order under Order XXI
Rule 22 notice to JDR and thereafter
pass an order of attachment of the
Property of the JDR described in the
schedule hereunder orders XXI Rule
54 of CPC and order the sale of the
petition schedule property under
order XXI Rules 64 and 66 of CPC
far realization of the 7th Column
amount with further interest.

Advocate for DHR Decree Holder

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 Verification
I declare that the facts stated above are true to my knowledge except a to matters stated to be on
information and belief and as to those matters. I believe them to be true.
Date: Decree Holder

Schedule
Chittoor district, Chandra Giri Sub District, Peruru Grama Panchyat Peruru Village, Survey
Number 529/23 of an extent of 0.25 ½ cents out of an extent of Ac. 2.60Cents.

Boundaries

North: Street with Super Structures

East: Road
West: Land of Chengaiah
South: Lothu Vanka Kalva

Advocate for DHR Petitioner

Verification
I, Gopi, the petitioner herein, states that the above facts are true to the best my Knowledge and
belief.

Petitioner

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 8. Memorandum

Affidavit in Support of Application for stay of

Execution Proceedings

In the High Court of Judicature at ______________________________

(Civil Appellate Jurisdiction)
Miscellaneous Application No _____________ of 20 _____________
(Under Order XLI, Rule 5, C.P.C)
IN
First Appeal No ________________ of 198 ……………..

Shri. Srinivas ……………………………………………Appellant

Vs.
Shri. Venkat ……………………………………………..Respondent

Affidavit
I, Srinivas, S/o of Shri. Ramulu Resident of D.No 50, Khadi Colony, Tirupati, Chittoor District,
AP do solemnly affirm and state as follows:

1. That I am the appellant in the above - mentioned appeal and am acquainted with the facts
of the case.
2. That the respondent had filed a Suit No. _____________of 20 __________against the
appellant I the Court of ___________________________________________for
possession over House No
____________________________________________________________.
3. That the Suit for possession was decreed by the Court below on
_________________________.
4. That the respondent decree-holder has, on _____________________________filed an
application before the lower court for execution of the decree.

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 5. That if the decree is executed the appellant – judgment –debtor will be put to great hardship
as he will be evicted from the residential house in which he has been residing for the last
10 years and will be driven to the streets as he has no other accommodation available where
he can go.
6. That if the decree-holder is allowed to execute the decree and take possession over the
house it will become impossible for the appellant to obtain restitution of possession in case
his appeal is allowed by this Hon’ble Court.
Verification
I, Srinivas, S/o Shri Ramulu, R/o of D.No 50, Khadi Colony, Tirupati, Chittoor District, AP, verify
that the contents of Paragraphs 1 to 6 of this affidavit are true to my personal Knowledge.

S.d Srinivas

Date:

I, ______________________, S/o __________________________, R/o

__________________,declare, from a perusal of the papers produced by the deponent before me,
that I am satisfied that he is Shri. Srinivas.
Sd _____________

Solemnly affirmed before me on this ___________day of ____________________

20______________at ________________(time) by the deponent.

Sd____________
(oath Commissioner)

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 9. Writ Petition to High Court

Writ of Habeas Corpus

A writ of habeas corpus is issued to an authority or person to produce in court a person who is
either missing or kept in illegal custody. Where the detention is found to be without authority of
law, the Court may order compensation to the person illegally detained.

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRIMINAL ORIGINAL JURISDICTION

WRIT PETITION (CRIMINAL) NO. OF 20__

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 father of Petitioner and filing this Writ Petition on his behalf and I am well conversant
with the facts of the present writ petition and hence, am competent to swear this affidavit.

2. That the Petitioner is detained in Tihar Jail and he is unable to make the affidavit himself.

3. That on ___day of____, the Petitioner was arrested and detained for a period of 2 months in the
Tihar Jail, New Delhi, wherein the Respondent No. 3 is the Superintendent, with an order passed
by the Respondent No.1 dated ___under the National Security Act, 1980.

4. That, on the date of getting detained and arrested in the Tihar Jail. The Petitioner was not
informed about the grounds of his detention by Respondent No. 3.

5. That after Ten days of getting arrested and detained, the Petitioner was informed of his ground
of arrest and detention.

6. The report of the ground of detention was furnished to the Petitioner in English, which is not
understood by the Petitioner.
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7. 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.

8. 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.

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

10. That the Petitioners have no other efficacious remedy except to approach this Hon'ble Court
by way of this Petition under Article 226 of the Constitution of India.

11. That the Petitioners have not filed any other petition or preceding in any court or tribunal
throughout the territory of India regarding the matter.

12. 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

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 Civil Writ Petition
Art. 226, of the Constitution of India

In the High Court of Judicature at …………………

In the matter of Art. 226, of the Constitution of India

Civil Writ Petition No…….. of ……….

Name and Address :…………………………… Petitioner

………………………………………………….
versus

District Boar of ……………….. Respondent.

Petition for a writ of mandamus

The petitioner above named states as follows :

1. That he is the owner of a Passenger Bus No………… which is plied for carrying passengers
from………… to…………. under permit No………. issued on……….. by ………..

2. That in the course of the journey from………… to ……….., the said bus carrying passengers
or otherwise has to cross the bridges at ………………… and……… over the rivers …… and
………. respectively at points ……. and …….

3. That during the rainy season the waters of the said rivers overflow the said bridges and in order
to enable the passengers to go from one end of the river to another for the purpose of crossing the
said rivers, the respondent has made arrangements to carry the passengers or persons intending to
cross the said rivers by providing boats at the ferry close to each said river, known as ………. on
the river……….. and ………. ferry on the river ………

4. The respondent levies a toll of Rs…… per bus for one trip when it proceeds to cross each of the
said rivers over the bridges aforementioned. Thus Rs …….. are required to be paid by each bus
(inclusive of the petitioner) to go from ………. to ………… and return therefrom to ………..

5. That it is alleged that this toll is charged in order to maintain the ferries under Northern India
Ferries Act, 1878.

6. That no such toll is charged on the days when owing to floods the said bridges are overflown
with the current of the said rivers and the vehicular traffic cannot cross the bridge.

7. That the levy of the said toll from the petitioner at the crossing of his bus (passenger) at………
and …….. is illegal.

8. That the petitioner being aggrieved by the said levy and charging of the said toll from the

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petitioner, he approaches this Hon'ble Court for issue of a writ of mandamus prohibiting the
respondent from making such charge or levy of said toll and for refund of sums already paid to the
respondent in this behalf, on the following, among other

Reasons

(i) That the pucca bridges (known as……. and …….) over the rivers ……….. and ………..
aforesaid are not ferries within the meaning of Northeren India Ferries Act, 1878.

(ii) That the notification issued under the said Act, in respect of the said bridges as being deemed
to be ferries, is ultra vires.

(iii) That the said bridges are part of the public roads and highways.

(iv) That Government could not declare these bridges to be ferries.

(v) That the said road from ……… to……… and the bridges thereon are not maintained by the
respondent. It incurs no expenditure over their maintenance. Hence no levy could be made by the
respondent in this behalf from the petitioner.

(vi) …………….

9. It is prayed that a writ of mandamus be issued to the respondent to forbear from leavying any
toll tax on the vehicle (bus) of the petitioner when it crosses the abovementioned two bridges over
the rivers ………… and ……….. The respondent be further directed to return the money deposited
by the petitioner with the respondent in this behalf.

N. B. - An affidavit in support of the petition is also filed herewith.

Dated ………………..

(Sd.)
Petitioner.
(Sd.)
Advocate for the Petitioner.

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 10. Writ Petition to SC of INDIA

SYNOPSIS

That the Petitioner is filing the present Writ Petition in Public Interest under Article 32 of the
Constitution of India seeking mandamus to cancel / struck down the contradictory amendments
made by state governments to the State Acts and Rules by destroying basic structure of the original
Central Act, _______ through ordinances under Article 254(2) of the constitution of India,
whereby the basic structure of the Original central Act and Rule has been changed to give
exemption to large categories of projects from consent provisions, Social Impact Assessment,
Objections by affected citizens and participation of local bodies etc, thereby violated Fundamental
right guaranteed to citizens of India under Article 14, 19(1)(g) and 21 of the Constitution.

The said amendments made by the State Acts diluted the provision for return of unutilized land.
The central act had a provision to return unutilised land to the people when if it remained
unutilized for more than 5 years. It also had provision for fresh award if the compensation to
majority of affected people not paid after declaration of Award. In all most all state amendments,
it is tried to either extend the period of making the acquisition void and changing the payment of
compensation the beneficiaries by declaration of award and depositing the compensation with the
court or the state treasury.

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 LIST OF DATES

1894 The ______Act 1894 was passed

27.09.20__ The ________ passed by Indian Parliament.

24.05.20__ State of _______ has passed notification and designated collector as competent
authority to acquire land upto ____ acres. The Notification also designated all Sub-Divisional
Officers (Deputy Collector /Joint Collector) to perform powers of the collector under section
_______ and __ of the Act.

08.08.20__ The Central Government notified _______ Rules, 20__.

22.10.20__ Uttar Pradesh Government has issued notification in pursuance of provisions of clause
(3) of Article 348 of the Constitution and changed factor 2 as the factor by which the market value
to be multiplied in the case of any ___ to be acquired in rural areas of UP.

20.11.20__ Andhra Pradesh Government notified The ______Rules, 20__.

18.12.20__ Hence, this Writ Petition.

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 IN THE SUPREME COURT OF INDIA
EXTRA ORDINARY ORIGINAL JURISDICTION

WRIT PETITION (C) NO. ________ OF 2018 (P.I.L)

PUBLIC INTEREST LITIGATION
(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)

IN THE MATTER OF:

1. XYZ Petitioner No. 1

VERSUS

Union of India Respondent No. 1

To,
The Hon'ble Chief Justice of India
& His Companion Judges of this Hon'ble Court

Humble civil appeal on behalf of the Appellants above-named:

Most Respectfully Showeth:

1. That the Petitioner is filing the present Writ Petition in Public Interest under Article 32 of the
Constitution of India seeking mandamus to cancel / struck down the contradictory amendments
made by state governments to the State Acts and Rules by destroying basic structure of the original
Central Act, _______ through ordinances under Article 254(2) of the constitution of India,
whereby the basic structure of the Original central Act and Rule has been changed to give
exemption to large categories of projects from consent provisions, Social Impact Assessment,
Objections by affected citizens and participation of local bodies etc, thereby violated Fundamental
right guaranteed to citizens of India under Article 14, 19(1)(g) and 21 of the Constitution.

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2. (1) All Petitioners are Citizens of India. Petitioner No. 1 _________ is a renowned social activist.
He is residing at ________________. The average annual income of the Petitioner for the last
financial year (FY-20__-20__) is approximately Rs. _____/- and PAN number is _____________.
The Petitioner's National UID number is ______.

3. The Case in Brief and facts constituting the cause of action

(1) That Indian Parliament had passed ______ Act, 20__ and the Ministry of Law and Justice had
published it through Gazette Notification on September __, __. The draft Act, which replaced an
earlier 18__ law, was debated over for almost two years. People's movements and civil society
organisations had analysed that while the new law had several positive features like consent of
landowners or food Security related provisions, it had a few lacunae.

4. Source of Information: The Petitioner relies on Acts, Amendment Act, Rules and Amendment
Rules passed by Parliament, published in Official Gazette through ordinances by the Central
Government, Acts, amendment Acts, Rules and Amendment Rules passed by the state
governments and published in official gazette, observations of some Newspapers etc as well as
personal knowledge and experience related to Land Acquisition Act.

5. Details of Remedies Exhausted: The Petitioners have not approached any court of authority
for remedy against the issues raised in this Petition. That the Petitioner does not have any
alternative equally efficacious remedy other than to approach this Hon'ble Court than by way of
filing this writ petition under Article 32 of the Constitution of India.

6. That the present petition will be beneficial for land owners and farmers India is India as the
amendments in Central Act, Central Rules, State Acts and State Rules are adversely affecting their
fundamental rights.

7. Nature of Personal Interest, if any, of the Petitioner: The Petitioners have no personal interest
in this Petition and it is being filed in Public Interest.

8. That the Petitioners have not filed any other writ petition same or similar to the present writ
petition, neither in this Hon'ble Court nor in any other Court or forum across the land.

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9. The Petitioner declares that the issue raised was neither dealt with nor decided by a Court of law
at the instance of the petitioner or to the best of his knowledge, at the instance of any other person.

10. The Petitioners have not approached any authority for relief for the subject matter of this
petition.

11. That the Petitioner is filing the instant Writ Petition inter alia on the following amongst other
grounds:-

GROUNDS
A. Because central Act ______________ Act, 20___ and _________________ Rules, 20__
overrides all state Acts and rules. The amendment made by states in Land Acquisition Act and
Rules through ordinances under Article 254(2) of constitution conflicting with Central Act and the
amendments contradicting the central Act and State Act are liable to deleted.

B. Because the states cannot use concurrent list used to modify the state Act, if the state Act conflict
with Central Act.

12. GROUNDS FOR INTERIM RELIEF

A. Because the amendments made in _______ Act and Rules by the State Governments is
adversely affecting the interest of the farmers of the country, their fundamental rights are affected
and the land is being acquired without their consent by not providing rehabilitation to them, urgent
intervention of this court is necessary.

B. As explained in the main grounds of the Petition, the farmers of the country deserve to get
immediate relief from this Hon'ble Court.

13. MAIN PRAYER

In light of the aforesaid, the Petitioner, therefore, pray that this Hon'ble Court may kindly be
pleased to:

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a. Issue a writ of Mandamus or any other appropriate writ, order or direction in the nature thereof,
declaring that the _____________ Acts and Rules made by States by amending the original central
Act, _______________, 20____ passed by the Parliament, overrides the central act, are illegal and
deserves to struck down;

b. Issue any other appropriate writ, order or direction as the nature and circumstances of the present
case may require;

14. INTERIM PRAYER

In light of the aforesaid, the Petitioner, therefore, pray that this Hon'ble Court may kindly be
pleased to:

a. Issue a writ of Mandamus or any other appropriate writ, order or direction in the nature thereof,
restoring the original central act _____ Act, 20___ and central rules ______ Rules, 20__ in all
states which have amended the state / acts rules and should be in force till the present Petition is
finally adjudicated;

b. Issue any other appropriate writ, order or direction as the nature and circumstances of the present
case may require;

AND FOR THIS ACT OF KINDNESS THE APPELLANT AS DUTY BOUND SHALL EVER
PRAY

FILED BY:

Advocate for the petitioner Drawn By:

Drawn on:
Filed on:
New Delhi

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