9911796707
TMI Blog2020 (1) TMI 970X X X X Extracts X X X X X X X X Extracts X X X X ..... to be espousing private cause instead of public cause. - Civil Writ Jurisdiction Case No. 9834 of 2018 - - - Dated:- 6-1-2020 - Honourable The Chief Justice And Honourable Mr. Justice Anil Kumar Upadhyay For the Petitioner/s : Mr. Rajesh Kumar, Adv. For the Respondent/s : Mr. Anshuman Singh, AC to AG For the Union of India : Mr. S.D. Sanjay, Addl.S.G., Mrs. Poonam Singh, CGC For the Income Tax Deptt. : Mrs. Archana Sinha @ Shahi, Sr. S.C. ORAL ORDER (PER: HONOURABLE THE CHIEF JUSTICE) The petition filed on 16.5.2018 is listed for hearing for the first time today before the Court. He ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ollows: (SCC p. 515, para 16) 16 . The writ petitions before us are not inter partes disputes and have been raised by way of public interest litigation and the controversy before the court is as to whether for social safety and for creating a hazardless environment for the people to live in, mining in the area should be permitted or stopped. We may not be taken to have said that for public interest litigations, procedural laws do not apply. At the same time it has to be remembered that every technicality in the procedural law is not available as a defence when a matter of grave public importance is for consideration before the court. 36. A considerable amount has been said about public interest litigatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o has a legal duty to perform but has failed and/or neglected to do so. Such a legal duty emanates from either in discharge of a public duty or by operation of law. The writ of mandamus is of a most extensive remedial nature. The object of mandamus is to prevent disorder from a failure of justice and is required to be granted in all cases where law has established no specific remedy and whether justice despite demanded has not been granted. 38. A salutary principle or a wellrecognised rule that needs to be kept in mind before issuing a writ of mandamus was stated in Saraswati Industrial Syndicate Ltd. v. Union of India [ Saraswati Industrial Syndicate Ltd. v. Union of India , (1974) 2 SCC 630] in the follow ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
