Government Litigation

Government litigation covers proceedings where the Union of India, a State Government, a statutory authority or a public sector body is a party. These matters are shaped by special rules: the constitutional duty of the State to act fairly, statutory notice requirements, and the forums that hear service, contract and land disputes.

Matters handled

Writs against State action: Challenges to arbitrary, discriminatory or unlawful decisions of the State and its instrumentalities (Article 12 “State”).
Service matters: Appointment, promotion, seniority, disciplinary proceedings and pension of government employees, including before the Central Administrative Tribunal.
Government contracts and tenders: Disputes arising from contracts with the government and judicial review of tender decisions, which courts examine on limited grounds.
Land acquisition and compensation: Proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Statutory notices: A suit against the government ordinarily requires two months’ prior notice under Section 80 of the Code of Civil Procedure; the court may permit urgent proceedings without notice.
Representation of government departments: Appearance for government bodies in matters entrusted to counsel.

Hanmat Lodhi Advocate holds appointments as Central Government Panel Counsel (Government of India) and Junior Panel Advocate in the Supreme Court of India (Government of Madhya Pradesh). Panel appointment is a professional engagement for matters entrusted by the government; it carries no endorsement, and other matters are taken up subject to the rules on conflict of interest.

How proceedings typically run

Identification of the authority Which department or body took the decision, and who must be made a party.
Representation and notice Representation to the authority and, where required, statutory notice before a suit.
Choice of forum Writ court, tribunal or civil court, depending on the nature of the dispute and any alternative remedy.
Proceedings Filing, replies from the government, and hearing.

Documents usually needed

The order, notice or decision of the authority
Correspondence and representations
Service record, contract or land records, as relevant

Please do not send original documents or confidential material through this website. Documents are reviewed only after the chamber has agreed to consider a matter.

Common questions

Is notice necessary before suing the government?

For a civil suit, Section 80 of the Code of Civil Procedure ordinarily requires two months’ notice. Writ petitions do not require Section 80 notice, though a prior representation to the authority is often advisable.

Related areas

General information only, not legal advice. The law stated is subject to change; reviewed by Hanmat Lodhi Advocate.