Petitioners sought a writ of mandamus directing the Nagar Nigam, Mathura to allot residential plots. The court held that without a vested legal right or statutory duty, a writ of mandamus cannot be issued.
Writ of mandamus sought for allotment of plots dismissed due to lack of statutory right and duty.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 34
Case :- WRIT - C No. - 37703 of 2015
Petitioner :- Khem Chandra & 4 Others Respondent :- State Of U.P. & 3 Others Counsel for Petitioner :- Manish Chand Umrao Counsel for Respondent :- C.S.C.,Arun Kumar Singh
Hon'ble Sudhir Agarwal,J. Hon'ble Ajit Kumar,J.
" There is abundant authority in favour of the proposition that a writ of mandamus can be granted only in a case where there is a statutory duty imposed upon the officer concerned and there is a failure on the part of that officer to discharge the statutory obligation. The chief function of a writ is to compel performance of public duties prescribed by statute and to keep subordinate Tribunals and officer exercising public functions within the limit of their jurisdiction. It follows, therefore, that in order that mandamus may issue to compel the authorities to do something, it must be shown that there is a statute which imposes a legal duty and the aggrieved party has a legal right under the statute to enforce its performance......"
Order Date :- 5.12.2017 Sanjeev
3 issues framed by the court
Whether a writ of mandamus lies to compel the Nagar Nigam to allot residential plots to employee petitioners.
Whether the petitioners have a statutory right to enforce claims over the land in the absence of legal documents.
Whether a writ of mandamus can be issued when there is no corresponding statutory obligation on the respondent.
Colour shows how this judgement treated each authority
Oriental Bank of Commerce Vs. Sunder Lal Jain & Anr.Referred¶7
Oriental Bank of Commerce Vs. Sunder Lal Jain & Anr. (2008)
Bihar Eastern Gangetic Fishermen Cooperative Society Ltd. Vs. Sipahi SinghReferred¶7
Bihar Eastern Gangetic Fishermen Cooperative Society Ltd. Vs. Sipahi Singh, (1977) 4 SCC 145 · Who else cites this
Lekhraj Sathramdas Lalwani Vs. N.M. ShahReferred¶7
Lekhraj Sathramdas Lalwani Vs. N.M. Shah, AIR 1966 SCC 334 · Who else cites this
Dr. Uma Kant Saran Vs. State of BiharReferred¶7
Dr. Uma Kant Saran Vs. State of Bihar, 1973 (1) SCC 485 · Who else cites this
Khem Chandra & 4 Others
State Of U.P. & 3 Others
Sudhir Agarwal
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
