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TMI Blog2022 (11) TMI 1470X X X X Extracts X X X X X X X X Extracts X X X X ..... ch is yet to be approached by the petitioner and be communicated his grievances. This Court does not find any reason to pass any directions to any authority in favour of the petitioner. The petitioner has not been able to establish that there exists a legal right in his favour and a corresponding duty of the respondent. Neither has he exhausted his remedies before invoking the writ jurisdiction of this Court. Moreover, the disputed facts pertaining to the title and ownership of the petitioner in land in question cannot be adjudicated by this Court in its writ jurisdiction. The instant petition is dismissed for being devoid of merit. - HON BLE MR. JUSTICE CHANDRA DHARI SINGH For the Appellant : Mr. Sumit Suri, Advocate For the Respondent : Mr. Karn Bhardwaj, ASC with Mr. Kartikay Bhaskar and Mr. Aayush Gautam, Advocates ORDER CHANDRA DHARI SINGH, J (ORAL) CM APPL. 49691/2022 Exemption allowed subject to just exceptions. The application stands disposed of. W.P.(C) 15947/2022 1. The instant petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner seeking following reliefs:- A. Writ of mandamus, order, direction or any other appropriate writ, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd declared as forest land, filed an application on 11th November 2021 under Section 4(1)(c) of the Indian Forest Act, 1927 seeking de-notification of the forest land, if notified. It is submitted that as per the report dated 7th September 2012 of the Special Task Force, the Khasra No. 25/22/1 (1-0) does not find mention in the table of the Khasra No.s made available for the purpose of creation of reserved forest. 6. It is further submitted that another application dated 12th November 2021 was made by the legal heirs of one of the allottees to the Tehsildar, Saket seeking delineation the boundaries of the land in question from the adjoining lands, however, no action was taken on the said application. 7. Therefore, it is prayed on behalf of the petitioner that writ in the nature of mandamus may be issued directing the respondent no. 1 to vacate the land entered into, remove fixtures installed, restore land to its original state and identify as well as demarcate the boundaries of the land in question. 8. Per Contra, learned ASC appearing on advance on behalf of the respondents vehemently opposed the submissions made and contentions raised on behalf of the petitioner and submitted tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a writ of mandamus. 14. The Hon ble Supreme Court in the case of Rajasthan State Industrial Development Investment Corporation Anr. vs. Diamond Gem Development Corporation. Ltd. Anr., (2013) 5 SCC 470, made a similar observation and held as under:- 21. ..... The primary purpose of a writ of mandamus is to protect and establish rights and to impose a corresponding imperative duty existing in law. It is designed to promote justice (ex debito justitiae). The grant or refusal of the writ is at the discretion of the court. The writ cannot be granted unless it is established that there is an existing legal right of the applicant, or an existing duty of the respondent. Thus, the writ does not lie to create or to establish a legal right, but to enforce one that is already established. While dealing with a writ petition, the court must exercise discretion, taking into consideration a wide variety of circumstances, inter alia, the facts of the case, the exigency that warrants such exercise of discretion, the consequences of grant or refusal of the writ, and the nature and extent of injury that is likely to ensue by such grant or refusal. 22. Hence, discretion must be exercised by the court o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... htful title in the land in question, this Court cannot conduct a roving enquiry into the disputed facts and decide the question of title and ownership of the petitioner. There is no provision of law which allows the petitioner to seek a relief which does not accrue to him. 17. In the case of the petitioner, there are mere allegations that the respondent had illegally entered the property of the petitioner without any supporting documents to substantiate the allegations that there did not exist an entitlement in the favour of the respondent to enter the part and portion of the land, which also evidently vests with the Gaon Sabha. Moreover, the second prerequisite to the issuance of a writ of mandamus is that the authority against which the writ is sought shall have a corresponding duty and shall also be empowered to enforce the directions given to it. The respondent no. 1, being the Department of Forests and Wildlife, is not the appropriate and competent authority to either adjudicate the grievances of the petitioner or to implement and execute the directions if any given by this Court. 18. Another requirement necessary for the writ of mandamus is that the person seeking its issuanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... merge are that: (i) The power under Article 226 of the Constitution to issue writs can be exercised not only for the enforcement of fundamental rights, but for any other purpose as well; (ii) The High Court has the discretion not to entertain a writ petition. One of the restrictions placed on the power of the High Court is where an effective alternate remedy is available to the aggrieved person; (iii) Exceptions to the rule of alternate remedy arise where (a) the writ petition has been filed for the enforcement of a fundamental right protected by Part III of the Constitution; (b) there has been a violation of the principles of natural justice; (c) the order or proceedings are wholly without jurisdiction; or (d) the vires of a legislation is challenged; (iv) An alternate remedy by itself does not divest the High Court of its powers under Article 226 of the Constitution in an appropriate case though ordinarily, a writ petition should not be entertained when an efficacious alternate remedy is provided by law; (v) When a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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