Punjab-Haryana High Court
Dr. Bhim Rao Ambdkar Jan Kalyan Sabha, ... vs State Of Haryana And Others on 14 November, 2025
CWP-33982-2025 (O/M) -1- 2025:PHHC:159453
137 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-33982-2025 (O/M)
Date of decision : 14.11.2025
Dr. Bhim Rao Ambedkar Jan Kalyan Sabha ...... Petitioner
Versus
State of Haryana and others ...... Respondents
CORAM : HON'BLE MR. JUSTICE HARSH BUNGER
Present :- Mr. Ranvir S. Chauhan, Advocate
for the petitioner.
Mr. Pankaj Mulwani, Senior DAG Haryana.
-.- -.-
HARSH BUNGER, J. (ORAL)
1. Prayer in the instant civil writ petition filed under Article 226 of Constitution of India, inter alia, is for issuance of a writ in the nature of mandamus for directing respondents No. 1 to 5 to complete the construction of Ambedkar Bhawan as per original site plan (Annexure P-9) by affixing windows in eastern side wall 'BC' of proposed Bhawan for the common use and welfare of villagers by providing sufficient grant out of member of Parliament Local Area Development Fund (MPLAD) Scheme (in short 'Scheme').
1.1 A further prayer has been made for issuance of a writ in the nature of certiorari for setting aside certificate of deed dated 27.08.2021 (Annexure P-6), executed by Gram Panchayat, Paposa (respondent No. 5) in favour of respondent No. 6 (Vikas).
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2. In paras 1 and 2 of this writ petition, following averments have been made :-
"1. That the petitioner Sabha is a welfare body of law abiding persons, all residents of village Paposa, Tehsil Bawani Kheda, District Bhiwani represented through its President Satender Kumar resident of above mentioned address in Haryana and being citizen of India have a right to invoke the extraordinary writ jurisdiction of this Hon'ble Court.
2. That the petitioner Sabha mainly works for the eradication of the social evils by spreading of education among the poor students and women by providing them educational know how and vocational training. It was resolved in the meeting of the petitioner sabha held on 01.10.2023 to authorize its President Satender Kumar to attend the legal and other proceedings of Dr. B.R. Ambedkar Bhawan (hereafter "Bhawan"), at village Paposa. Copy of resolution dated 01.10.2023 is annexed as Annexure P-1/ page no. 14."
3. Considering the averments contained in paragraphs 1 and 2 of the writ petition, the petitioner was specifically called upon to demonstrate his locus standi to institute and maintain the present civil writ petition. However, learned counsel for the petitioner has been unable to substantiate this preliminary requirement.
4. It is trite that the maintainability of a writ of mandamus is contingent upon the petitioner establishing both the existence of an enforceable legal right in his favour and a corresponding legal duty cast upon the respondent authority. The Hon'ble Supreme Court, in Dr. Rai Shivendra Bahadur Versus Governing Body of the Nalanda College, 2 of 3 ::: Downloaded on - 22-11-2025 08:44:15 ::: CWP-33982-2025 (O/M) -3- 2025:PHHC:159453 Bihar Sharif and others, 1962 AIR Supreme Court 1210, has held as under:-
"In order that mandamus may issue to compel the respondents to do something it must be shown that the Statutes impose a legal duty and the appellant has a legal right under the Statutes to enforce its performance."
5. Equally, the jurisdiction of this Court to issue a writ of certiorari is attracted only where the petitioner demonstrates the prejudice or adverse civil consequences suffered due to the impugned order or document. A bare challenge, unsupported by demonstration of legal injury or actionable prejudice, is insufficient to invoke this Court's supervisory jurisdiction.
6. In the present case, the petitioner has failed to establish the existence of any statutory right or corresponding statutory obligation enforceable through writ of mandamus, nor has he demonstrated any prejudice arising from the impugned document so as to warrant issuance of writ of certiorari.
7. Since the petitioner lacks locus standi to institute and maintain this writ petition, same is accordingly dismissed.
8. Pending application (s), if any, shall also stand closed.
(HARSH BUNGER)
JUDGE
14.11.2025
sjks
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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