Saturday, 25 March 2017

What are essential requirement for grant of writ of mandamus?

143. A writ of mandamus is an extraordinary remedy and is intended to supply deficiencies in law and is thus discretionary in nature. The issuance of writ of mandamus pre-supposes a clear right of the applicant and unjustifiable failure of a duty imposed on an authority otherwise obliged in law to imperatively discharge the same.
144. The dominant features of a writ of mandamus authoritatively figures in the following extract from the Halswbusy Laws of England, 4th Edition (page 111):
“Nature of mandamus. The order of mandamus is of a most extensive remedial nature, and is, in from, a command issuing from the High Court of Justice, directed to any person, corporation, or inferior tribunal, requiring him or them to do some particular thing therein specified which appertains to his or their office and is in the nature of a public duty. Its purpose is to remedy defects of justice; and accordingly it will issue, to the end that justice may be done, in all cases where there is a specific legal right and no specific legal remedy for enforcing that right; and it may issue in cases where, although there is an alternative legal remedy, yet that mode of redress is less convenient, beneficial and effectual.
Supreme Court of India
Lalaram & Ors vs Jaipur Devt.Auth.& Anr on 1 December, 2015
Bench: V. Gopala Gowda, Amitava Roy
Read full judgment here: click here
Citation:(2016) 11 SCC31
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