High Courts are Duty Bound to Issue Writs of Mandamus


The writ of mandamus is one of the judicial remedies which literally means an order to perform their duties. Under this writ, the authority is given the order to perform its duty. A division bench of Supreme Court comprising justice Indu Malhotra and Indira Banerjee in the case- Hari Krishna Mandir Trust v. the State of Maharashtra held that high courts are duty-bound to issue a writ of mandamus. This decision has been taken to prevent injustice to the people and manage the responsibility and authority of the body. The court can also pass orders or give directions to the government or public authority to exercise its power lawfully and properly.


It means that the court can also take suo moto action. In this case, Hari Krishna Mandir Trust filed an application to the state government requesting them to correct the wrong entry of private roads to the trust. But their proposal was rejected by the Urban development department and told them that Pune municipal corporation has the authority in respect of land and roads. Article 226 of the Constitution of India states that high courts are empowered to issue direction, orders, or writ to any person or authorities. The writs include habeas corpus, quo warranto, mandamus, prohibition, and certiorari. So, It was observed in the above case that the high courts under Article 226 of the Constitution of India have the jurisdiction to issue writs, as well as they, are duty-bound to exercise such power if the government is not performing its duty or does something with malafide intention.





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