Allahabad High Court
Ambuj Sharma vs Union Of India And 3 Others on 6 March, 2020
Bench: Sudhir Agarwal, Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- WRIT - C No. - 8359 of 2020 Petitioner :- Ambuj Sharma Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Madan Lal Rai Counsel for Respondent :- A.S.G.I.,Rajnish Kumar Rai, Vishnu Kumar Hon'ble Sudhir Agarwal,J.
Hon'ble Rajeev Misra,J.
1. Heard Sri Madan Lal Rai, Advocate, for petitioner, Sri Rajnish Kumar Rai, Advocate, for respondents-1 and 2 and Sri Vishnu Kumar, Advocate, for respondents-3 and 4.
2. Petitioner is seeking a mandamus restraining respondents-2 to 4 from holding election of Delegates of N.Z.R.E. C.T.C. Society Limited unless his objection/representation is decided but when questioned as to under which provision, the aforesaid representation has been made, he could not refer to any provision either under Statute or under bye-laws and in absence of any statutory right, no mandamus as sought for can be issued.
3. It is well settled that a writ of mandamus would lie only if the petitioners are enforcing a legal right and the respondents, who are under statutory obligation to do or not to do something, have failed to do so.
4. In Oriental Bank of Commerce Vs. Sunder Lal Jain and another (2008) 2 SCC 280 the Apex Court after referring to its earlier judgments in Bihar Eastern Gangetic Fisherman Cooperative Society Ltd. Vs. Sipahi Singh (1977) 4 SCC 145; Lekhraj Sathramdas Lalvani Vs. N.M. Shah, AIR 1966 SC 334, Dr. Uma Kant Saran Vs. State of Bihar 1993(1) SCC 485 observed as under:
? 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.?
5. The above exposition of law makes it clear that writ of mandamus cannot be issued on mere asking unless the pre-conditions are satisfied. Since, in the present case these conditions are not satisfied, the petition, being devoid of merits, is dismissed.
Order Date :- 6.3.2020 PS