The Writ of Mandamus III


It is clear, a Writ of Mandamus or a direction in the nature of a Writ of Mandamus is not to be withheld, in exercise of powers of Article 226, on any technicalities. This is subject only to indispensable requirements being fulfilled. There must be a public duty. While the duty may, indeed, arise form a statute ordinarily, the duty can be imposed by common charter, common law, custom or even contract. The fact, a duty may have to be unravelled and the mist around it cleared before its shape is unfolded, may not relieve Court of its duty to cull out a public duty in a statute or otherwise, if in substance it exists. Writ of Mandamus or a direction in the nature of a Writ of Mandamus is to be issued wherever there is a public duty and there is a failure to perform and Courts will not be bound by technicalities and its chief concern should be to reach justice to wronged. We are not dilating on or diluting other requirements, which would ordinarily include need for making a demand unless a demand is found to be futile in circumstances which have already been catalogued in earlier decisions of this Court.

Hon’ble Justice K.M. Joseph, Union of India v. Bharat Forge, [Civil Appeal No. 5294 of 2022].



Source link

Comments are closed.