Respondent submitted the existence of two title suits. In that case a man had been convicted in a court of summary jurisdiction without giving him an opportunity of being heard. X of 1922 violated Art. Though executive or administrative directions issued by a superior authority are enforceable against an inferior authority by departmental action, they have no force of law and are, accordingly not enforceable by mandamus. An application for habeas corpus can be made by any person on behalf of the prisoner as well as by the prisoner himself, subject to the rules and conditions framed by various High Courts. State of Karnataka, Writ Appeal Nos. The contents are intended, but not guaranteed, to be correct, complete, or up to date.
It is well established that, provided the requisite grounds exist, certiorari will lie although a right of appeal has been conferred by statute. Where the petitioner shows that illegality is manifest in the impugned action, and explains the causes of delay, the delay may be condoned. People in general are poor, illiterate and lack financial resources. Further, the parties involved in the matter were private parties and not statutory authorities. It is too well known to be reiterated that in exercising its jurisdiction, High Court must follow the regime of law. The present trend of judicial opinion appears to be that in the case of non-selection to a post, no writ of mandamus lies. Usha Rani Rajgaria, , it was held that a regular suit is the appropriate remedy for settlement of disputes relating to property rights between private persons and that the remedy under Article 226 of the Constitution of India shall not be available except where violation of some statutory duty on the part of a statutory authority is alleged.
. The petitioners should have exhausted the remedies provided under the Code of Civil procedure before filing the writ petition. It cannot lie to regulate or control the discretion of the public authorities. Thus, we are of the view that judicial orders of civil courts are not amenable to a writ of certiorari under Article 226. It is not designed to punish the official guilty for illegal confinement of the detenu. Thus the writ can be issued for various purposes e. In some cases, the High Courts, in a routine manner, entertain petitions under Article 227 over such disputes and such petitions are treated as writ petitions.
The revision petition was, thus, dismissed. Article 226 is a fundamental right. State of Gujarat , where the Apex Court lamented the scenario of a number of vehicles having been kept un-attended and becoming junk within the police station premises. During the period of emergency, the fundamental rights Excepts the articles 21 and 22 can be suspended. The effect of the rule of personam is that if the person against whom the writ of certiorari is issued does not obey it, he would be committed forthwith for contempt of court. Aggrieved by the same, the petitioner filed the instant revision. Another instance of granting the writ of quo waarrnto is where a candidate becomes subject to a disqualification after election or where there is a continuing disqualification.
Similarly, having failed in the Supreme Court in a petition filed under Art 32, he cannot take another chance by filing a petition under Art 226 in the High Court having jurisdiction over his matter because such a petition would also be barred by res judicata. The assessee may file objections before the date fixed and thereafter the Assessing Officer shall allow the assessee an opportunity to be heard. The rule is now well established that a writ of mandamus cannot be issued to a private individual, unless he acts under some public authority. Mandamus can be issued against a natural person if he is exercising a public or a statutory power of doing a public or a statutory duty. Its function in Indian Administrative Law is as general writ of justice, whenever justice is denied, or delayed and the aggrieved person has no other suitable the defects of justice.
The jurisdiction is special and extra-ordinary and should not be exercised casually or lightly. But now the position has completely changed with the pronouncements of the Supreme Court in a number of cases. In furtherance of their contention, the petitioners added that the government had assured the construction of toilets which estopped the State from allotting stalls and license to private respondents. State of Sikkim provided the background of the dispute regarding the construction of the Gurudwara near the Gurudongmar Lake on reserved forest land. The court further observed that power under Article 227 shall be exercised only in cases occasioning grave injustice or failure of justice such as when: i The court or tribunal has assumed a jurisdiction which it does not have, ii The court or tribunal has failed to exercise a jurisdiction which it does have, such failure occasioning a failure of justice, and iii The jurisdiction though available is being exercised in a manner which tantamount to overstepping the limits of jurisdiction. This is where the power of revision comes into picture.
Supervisory jurisdiction under Article 227 of the Constitution is exercised for keeping the subordinate courts within the bounds of their jurisdiction. Author Name: Prashanti Article 226 empowers the High Courts to issue writs in the nature of habeas corpus, mandamus, prohibition, certiorari and quo warranto or any of them for the enforcement of any of the fundamental rights or for any other purpose. Certiorari Is A Proceeding In Personam Unlike the writ of habeas corpus the petition for certiorari should be by the person aggrieved, not by any other person. This petition was also dismissed on the same ground as the earlier one. In this connection an important case, Ratlam Municipality v. The writ of certiorari can be issued by the Supreme Court or any High Court for quashing the order already passed by an inferior court, tribunal or quasi-judicial authority.
If his grievance is that a right other than a fundamental right is violated, he will have to move the High Court having jurisdiction. It was further contended on behalf of the appellant that the procedure for assessment of the tax was not followed and there was violation of the principles of natural justice. This was not on the ground of res judicata as much as on the ground of judicial discipline, which required that in matters relating to exercise of discretion, a party could not be allowed to take chance in different forums. Nor can it be used for devising a means to secure damages. An order in the nature of mandamus is not made against a private individual. In the year 1950 the Constitution of India was promulgated and under el.
Scope , Powers and Difference between Article 226 and Article 227 The Hon'ble Supreme Court, in the case of Surya Devi Rai vs. The applicant must show that the duty, which is sought to be enforced, is owed to him and the applicant must be able to establish an interest the invasion of which has been given rise to the action. In the present case in view of the allegations of the appellant that the. The appellant was a partnership firm carrying on the business of manufacturing Khandsari Sugar in the District of Muzaffarnagar, U. It will not lie for the interference in the internal administration of the authority. The writ petition was summarily dismissed on July 21, 1960 by Jagdish Sahai, J.
. On the same principle, the Court would refuse a writ of mandamus where it would be meaningless, owing to lapse or otherwise. The authority may also be prevented from doing an act, which he is not entitled to do. This writ is issued to enquire into the legality of the claim of a person or public office. Where an alternative and efficacious remedy is provided, the Court should not entertain a writ petition under Art 226. It is also available to any other authority, which performs judicial function and acts in a judicial manner.