Writ Petition in the High Court of Bangladesh: When It Lies, How It Runs and What It Costs
A writ is how you ask the High Court Division to stop or undo unlawful action by the state or a public body. It is fast and powerful, but only where no other adequate remedy exists. Here is how it works.
- A writ is filed in the High Court Division under article 102 of the Constitution.
- It lies against the state, public bodies and those performing public functions, not ordinary private parties.
- If another equally efficacious remedy exists, the court usually will not entertain a writ.
- There is no fixed time limit, but unexplained delay (laches) can defeat the petition.
In this guide: The five writs · When a writ will not lie · Documents and what drives the cost
The short answer
Article 102 lets the High Court Division enforce fundamental rights and correct unlawful action by public authorities. You file a petition with a sworn affidavit and the documents. If the Bench finds a case, it issues a rule nisi asking the authority to show cause, often with an interim order such as a stay. After the authority replies, the rule is heard and either made absolute (you win) or discharged.
The losing side can seek leave to appeal to the Appellate Division under article 103.
The five writs
| Writ | What it does | Typical use |
|---|---|---|
| Certiorari | Declares an action or order made without lawful authority | Cancelling an unlawful order, notice or decision |
| Mandamus | Directs a public body to do what the law requires | A licence, payment or decision withheld without reason |
| Prohibition | Stops a body acting beyond its powers | Halting a proceeding before it goes further |
| Habeas corpus | Requires a detained person to be produced and released if held unlawfully | Illegal detention; any person can apply |
| Quo warranto | Asks by what authority a person holds a public office | An unlawful appointment |
Fundamental rights can be enforced under article 102(1) by any person aggrieved.
When a writ will not lie
- Another adequate remedy: where the law gives an appeal or tribunal, such as tax, VAT or customs appeals, you are usually sent there first.
- Terms of service of public servants: these generally go to the Administrative Tribunal (article 117), not by writ.
- Private disputes: a contract or money dispute between private parties belongs in the civil court.
- Disputed facts: a writ is decided on affidavits, so a case that needs witnesses and evidence is better in a suit.
Documents and what drives the cost
Bring the order or notice you challenge, your representation or demand to the authority and any reply, proof of your standing (appointment letter, licence, title papers or ID), and anything showing urgency. The petition is sworn by affidavit at the Supreme Court.
Court fees are small. The cost is mainly the advocate’s fee, affidavit and certified copies, and it depends on the matter and how many hearings it needs. We give a fixed quote after reading the papers.
Check the remedy
Confirm no appeal or tribunal is the proper route first.
Demand justice
Write to the authority and keep proof; it shows the grievance.
File and move
Petition with affidavit, moved before the Bench with jurisdiction.
Rule and stay
If a rule issues, serve the respondents and follow the hearing.
Common questions
What is a writ petition?
An application to the High Court Division under article 102 of the Constitution to enforce fundamental rights or to correct unlawful action by the state or a public body.
How much does it cost to file a writ in the High Court?
Court fees are small. The main costs are the advocate's fee, the affidavit and certified copies. They depend on the matter, so ask for a fixed quote after the papers are read.
How long does a writ petition take?
A rule and an interim stay can come within days of filing in an urgent case. Final hearing of the rule can take months or longer, depending on the Bench and the matter.
What is a rule nisi?
An order of the High Court Division asking the respondents to show cause why the relief sought should not be granted. It is the first sign the court sees an arguable case.
Is there a time limit for filing a writ?
No fixed period is set, but the court can refuse relief for unexplained delay. File as soon as possible after the action you challenge.
Can I file a writ against a private company?
Usually not. A writ lies against the state, statutory and public bodies, and those performing public functions. Private disputes go to the civil court.
Can a government employee file a writ about service matters?
Disputes about terms and conditions of service generally go to the Administrative Tribunal under article 117, not by writ.
What happens if the writ is rejected?
You can seek leave to appeal to the Appellate Division under article 103. The other side can do the same if you win.
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Facing an unlawful order or decision?
Send us the order and your papers. We tell you whether a writ lies and what it will take. A written assessment costs nothing.
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