In CWP No. 3979 of 2012, the High Court dismissed a PIL seeking issuance of mandamus to enforce a Supreme Court judgment granting Scheduled Tribes benefits to UT Chandigarh residents. The court held the petition not maintainable due to lack of data.
No writ issued; petition dismissed with liberty to approach other courts.
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.
CWP No. 3979 of 2012
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No. 3979 of 2012 Date of decision : 1.8.2012
Jia Lal and another .......Petitioners
Vs.
Union of India and others .......Respondents
CORAM: Hon'ble Mr. Justice Jasbir Singh, Acting Chief Justice Hon'ble Mr. Justice Rakesh Kumar Jain
Present:Mr. S.K. Sharma Budhladawale, Advocate, for the petitioners Mr. Maharaj Kumar, Advocate, for UOI Mr. Vikram Anand, Advocate, for Mr. Sanjay Kaushal, Senior Standing Counsel, UT, Chd. for respondents No.1 to 6 Mr. Heman Aggarwal, advocate, for respondent No.7
Jasbir Singh, Acting Chief Justice (oral)
This writ petition has been filed in public interest seeking issuance of writ of mandamus to compel the respondents to implement judgment of the Hon'ble Supreme Court rendered in CA No. 4684 of 2001 decided on 27.11.2003 titled Chandigarh Administration v. Surinder Kumar (Annexure P-6) wherein it was held that benefits available to the Scheduled Tribes are also available to such like persons residing in Union Territory, Chandigarh.
In the writ petition, no data has been given to show the number of persons residing in Union Territory, Chandigarh to whom that benefits have been denied. Otherwise also, a writ to implement order
CWP No. 3979 of 2012
-2-
passed by the Hon'ble Supreme Court is not maintainable. The petitioners
may avail any other remedy available to them under the law.
In view of above, this writ petition is disposed of with the
above liberty.
(Jasbir Singh) Acting Chief Justice
(Rakesh Kumar Jain) Judge 1.8.2012 Ashwani
1 issue framed by the court
Whether a public interest writ petition seeking implementation of a Supreme Court judgment regarding Scheduled Tribes' benefits is maintainable in the absence of data showing denial of benefits.
Colour shows how this judgement treated each authority
Chandigarh Administration v. Surinder KumarExplained¶12
Chandigarh Administration v. Surinder Kumar
CA No. 4684 of 2001Explained¶12
Jia Lal and another
Union of India
Jasbir Singh
Rakesh Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
