PROJECT ON

MEANING AND DRAFT OF MANDAMUS WRIT

DRAFTING, PLEADING AND CONVEYANCING

[Submitted as a partial fulfilment of the requirements for B.A. LL.B. (Hons.) 5 year
integrated course]

Submitted On: 30-09-2023

Supervised by - Submitted by-

Mr. Dinesh Yadav Mr. Bhanu Pratap Singh Bhati
Faculty: Drafting, Pleading And Conveyancing Roll No. 101
Sem.-IX

University Five Year Law College

University of Rajasthan, Jaipur

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 DECLARATION

I, Bhanu Pratap Singh Bhati, hereby declare that this project titled “MEANING AND
DRAFT OF MANDAMUS WRIT” is based on the original research work carried out by me
under the guidance and Supervision of Mr. Dinesh Yadav, Faculty, University Five Year
Law College, University of Rajasthan, Jaipur.

The interpretations put forth are based on my reading and understanding of the original
texts. The books, articles and websites etc. which have been relied upon by me have been
duly acknowledged at the respective places in the text.

For the present project which I am submitting to the university, no degree or diploma has
been conferred on me before, either in this or in any other university.

Date: 30-09-2023

Signature: Bhanu Pratap Singh Bhati

Roll No – 101
Semester: IX

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 CERTIFICATE

Mr. Dinesh Yadav Date: 30/09/2023

Faculty
University Five Year Law College University of Rajasthan, Jaipur.

This is to certify that Mr. Bhanu Pratap Singh Bhati, student of Semester IX, has carried out
project titled “MEANING AND DRAFT OF MANDAMUS WRIT” under my supervision. It
is an investigation report of a minor research project. The student has completed research
work in stipulated time & according to the norms prescribed for the purpose.

Supervisor

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 ACKNOWLEDGMENT

I have written this project, “MEANING AND DRAFT OF MANDAMUS WRIT” under the
supervision of, Mr. Dinesh Yadav , Faculty, University Five Year Law College, University
of Rajasthan, Jaipur. Her Valuable suggestions herein have not only helped me immensely in
making this work but also in developing an analytical approach this work.

I am extremely grateful for the opportunity given by the Director Dr. Akhil Kumar,
University Five Year Law College to make this project and enhance my knowledge and skills
in the topic. I am grateful to librarian and library staff of the college for the support and
cooperation extended by them from time to time.

I am humbled by the support and cooperation I have got from my friends who have
enlightened me with their knowledge.

Bhanu Pratap Singh Bhati

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 TABLE OF CONTENTS

Declaration.......................................................................................................(ii)

Certificate........................................................................................................(iii)

Acknowledgment….........................................................................................(iv)

Introduction

Research Methodology CHAPTER1

WRIT OF MANDAMUS CHAPTER 2

DRAFT OF MANDAMUS WRIT

Conclusion Bibliography

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 INTRODUCTION

A writ of mandamus (also called a writ of mandate) is a court order issued by a judge at a
petitioner’s request compelling any government, corporation, or public authority to execute a
duty that they are legally obligated to complete. A writ of mandamus can also be issued when
the authority of a higher court is required to order a lower court or government agency to
complete a duty to uphold the law or to correct an abuse of discretion. The writ of mandamus
can be used to order a task to be completed, or in other cases, it may require an activity to be
ceased. A writ of mandamus is acquired through a petition to the court. In general, a writ is a
written command in the name of a court or other legal authority to act, or abstain from acting,
in some way. There are many types of writs, including a writ of attachment, a writ of
execution, and a writ of seizure and sale. A writ of mandamus is unique because it can be
made without completing the full judicial process or before a case has concluded. For this
reason, this type of writ is very powerful. At the same time, they are rarely used because a
petitioner must prove there are no other remedies to the situation and that someone is
suffering an injustice due to the failure to comply with the law. Judges prefer not to issue
writs unless it is completely necessary because of the disruption they cause to the legal
process. A writ of mandamus is deemed necessary when the actions (or inaction) of
government bodies or corporate officials are so inappropriate or egregious that immediate,
emergency action needs to be taken by the legal system. In general, if a writ of mandamus is
ordered from a court of superior jurisdiction to a lower court in the course of a continuing
case, it will not be reviewed by higher courts until there is a final judgment in the case. For
example, on the federal level, appellate review of lower courts must be postponed until after
a final judgment has been made in the lower court.

RESEARCH METHODOLOGY

The research for this project is conducted using doctrinal method of research.The doctrinal
method of research refers to a way of conducting research which is usually thought of as
“typical legal research”. A doctrinal approach to research focus on case-law, statutes and
other legal sources. The research is conducted from books, websites and case laws.

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 CHAPTER 1
Writ of Mandamus
The literal meaning of the word mandamus is command. This prerogative remedy of
mandamus is used for enforcing the performance of public duties by public authorities of all
kinds. Writ of mandamus demands some activity on part of the person or body to whom it is
addressed. The demand is to perform a public or quasi-public duty which the body or person
has refused to perform and the performance of which cannot be enforced by any other legal
remedy. Therefore, it is that no mandamus will lie except when the applicant has a legal right
to seek the performance of a legal duty and the authority against which the writ is sought is
bound to perform that duty.

Writ of Mandamus Origins

The origin of the writ of mandamus can be traced back to England where the King as the
authoritarian autocrat of the administrative setup, used to issue a mandamus to his subjects
commanding them to fulfil the public duty asked of them, many times during the course of
the day. Since its origin, the writ has been used to compel the performance of a wide range of
public and quasi-public duties that have been refused in an unlawful manner. The kind of
public duties that have been compelled as a result of invoking mandamus include, among
others, restoration of offices; holding of elections; and prevention of dissolution of local
municipal bodies and authorities.

Supreme Court of India on Mandamus

In the case of Union of India v. S.B. Vohraxi, the Supreme Court of India held as follows:
“A writ of mandamus may be issued in favour of a person who establishes a legal right in
himself. It may be issued against a person who has a legal duty to perform but has failed or
has neglected to do so. Such a legal duty emanates by operation of law. The writ of
mandamus is most extensive in regards to its remedial nature. The object of mandamus is to
prevent disorder emanating from failure of justice and is required to be granted in all cases
where law has established no specific remedy”. The writ of mandamus is also available
against inferior courts
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 and other judicial bodies when they have refused to exercise their jurisdiction and thus
resulting in the non-performing of legal duty. There are different purposes for which the writ
jurisdiction through mandamus can be exercised. It can be issued for the violation of
fundamental rights. Whenever a public officer or government has done some act which
violates the fundamental right of a person, the Court would issue a writ of mandamus,
restraining the public officer or government from enforcing that order or doing that act
against the person whose fundamental right has been violated. Thus, in Venkataramana v.
State of Madras, where the petitioner who was otherwise eligible for appointment in the
Subordinate Civil Judicial Service, was not selected owing to the operation of Communal
Rotation Order, he contended that his fundamental right under Article 16(1) was infringed
upon. The Court ordered the State of Madras to dispose of the petitioner’s application on
merits and without applying the rule of communal rotation.
The High Court can invoke mandamus for purposes other than enforcement of fundamental
rights, some of which are:
1. To enforce the performance of a statutory duty where the public officer has got a power
conferred by the Constitution or a statute. The Court may issue a mandamus directing him to
exercise the power in case he refuses to do it.
2. To compel a court or judicial tribunal to exercise its jurisdiction when it has refused to
exercise it.
3. To direct a public official or the government not to enforce a law that is unconstitutional.
Mandamus will however not be granted against the following persons:

The President or the Governor of a state, for the exercise and performance of the powers and
duties of his office or for any act done or purporting to be done by him in the exercise and
performance of those powers and duties. Mandamus also does not lie against a private person
or body, whether incorporated or not except where the state is in collusion with such private
party.

Instances where mandamus will be issued

The writ of mandamus can be issued for the following:
1. Against the State to refund the tax it collected illegally.
2. Against a University if they change the regulations after the candidate has appeared
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in the exam, to his disadvantage.
 3. Where the Government neither records nor communicates to the parties the reasons for
not making a reference under Section 12(5) of the Industrial Disputes Act, 1947, the
aggrieved party can seek the legal recourse of mandamus.
4. When an Income Tax Tribunal passes an order and the Income Tax Officer refuses to
carry out the instructions passed by the Tribunal.
5. Where the land acquisition officer erroneously refuses to pay the interest on the
compensation amount.
6. Where an order of detention is passed against the petitioner but he is not under detention.

The writ of mandamus has been issued by the Supreme Court under Article 32 for
enforcement of fundamental rights and High Courts under Article 226 for enforcement of
fundamental as well as statutory rights. The apt example of the issuance of the writ of
mandamus by the High Court of Madras is the Case of Shankaracharya, where the Special
Investigation Officer had frozen the bank accounts of Shree Sankara Mutt, using the
provisions of section 102 of the CRPC. The Shankaracharya was accused in a murder case,
and it was contended by the representative of the Mutt that the police, just to harass the
officials of the Mutt, trespassed into the premises without caring about the sanctity of the
place, and have also frozen the bank accounts. It was also contended that the endowments
received from the devotees are being kept in bank accounts and the amount is used for
running the day-to-day affairs of the Mutt and also for performing religious rituals. The
mala-fides were attributed to the police. The Madras High Court issued the writ of
mandamus and negated the action of the police and held that the action of the police is ultra-
vires of Section 102 of the CRPC, and therefore, declared illegal and set aside.

Instances where mandamus will not be issued

Under the following situations, mandamus cannot be issued:
1. It cannot be invoked to enforce contractual rights and obligations.
2. Private institutes receiving grants do not become public, thus no duty is enjoined by
law and thus no mandamus will lie.
3. It does not lie against a private arbitrator directing him to file an award.
4. An order of the Governor, commuting death sentence which had been confirmed by the
High Court cannot be interfered with by mandamus.
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5. Grant of licence by an authority (duly vested under the law with such power)
cannot be interfered with, by the issuance of mandamus.

Judicial activisms with regard to this writ in recent times have given rise to new terms like
continuing mandamus, anticipatory mandamus and certiorarified mandamus. The activism
undertaken by the Courts in this respect comes down to the inaction on the part of the state
machinery which is more often than not laced with apathy.

This writ makes sure that the power or the duties are not misused by the executive or
administration and are duly fulfilled. It safeguards the public from the misuse of authority by
the administrative bodies.

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 CHAPTER-2
DRAFT OF MANDAMOUS WRIT

IN THE HIGH COURT OF DELHI AT NEW DELHI

CIVIL ORIGINAL (EXTRA-ORDINARY) JURISDICTION

WRIT PETITION (CIVIL) NO. OF 20

(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)

IN THE MATTER OF:

1.

S/o

R/o PETITIONER

VERSUS

1. ABC Company Ltd

having its registered office at

Through its Chairman RESPONDENT NO. 1

2. The Managing Director

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ABC Company Ltd RESPONDENT NO. 2

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA

PRAYING INTER ALIA FOR QUASHING THE IMPUGNED ORDER DATED
PASSED BY RESPONDENT NO.1 AND REINSTATING THE PETITIONER
IN SERVICE WITH ALL CONSEQUENTIAL BENEFITS INCLUDING BACK WAGES

To,

The Hon'ble Chief Justice of High Court, And His Companion Judges of the Hon'ble High

Court of Delhi.

The humble petition of the Petitioner above named.

THE PETITIONER MOST RESPECTFULLY SHOWETH:

1. That the Petitioner is filing the present writ petition under article 226 of the
constitution of India praying inter alia for quashing the impugned order dated passed by
Respondent No. 1 and reinstating the petitioner in service with all consequential benefits
including back wages.

2. That the petitioner is a citizen of India and is therefore entitled to enjoy all the rights
guaranteed by the Constitution of India.

3. That respondent No. 1 is a company registered under the Companies Act, 2013
having its registered office at .

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4. That respondent No. 2 is the Managing Director of the Company with powers of
Appointment, termination and manage all day to day affairs of the Company.

5. The respondent-company is wholly owned by the Government of India and is, thus,
an instrumentality of state is given in Article 12 of the Constitution.

6. That the petitioner was working as with respondent-company and

was appointed on . He has been a diligent employee and been discharging his
duties and obligations according to the employment norms and applicable rules of the
Respondent Company.

7. That on respondent No. 2 issued the impugned order dated terminating the
services of the petitioner without giving an opportunity to be heard to the Petitioner. The
petitioner came to be relieved of his duties on . A copy of the impugned
order is annexed hereto and marked as ANNEXURE-1.

8. The Petitioner states that the order of the termination of the service of the Petitioner
was passed without following the due process of the principle of nature justice.

9. That the Petitioner has been discharging his duty as an employee according to the
Respondent Company norms and therefore has not committed any act which would constitute
as misconduct.

GROUNDS

10. That the present Writ Petition is being filed on the following, amongst other,
grounds without prejudice to each other;

a. Because the petitioner being a permanent employee of the respondent-company his

services could not be terminating without holding an enquiry under the rules applicable to the
employees of the company.

b. Because the termination of the Petitioner is against the principle of natural justice as
the Respondent was not given opportunity to heard.

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 c. Because the impugned order is arbitrary and contravenes Article 14 and Article 21 of
the Constitution.

11. That the Petitioners have no other efficacious remedy except to approach this
Hon'ble Court by way of this Petition under Article 226 of the Constitution of India.

12. That the Petitioners have not filed any other petition or preceding in any court or
tribunal throughout the territory of India regarding the matter.

PRAYERS

In view of the facts & circumstances stated above, it is most respectfully prayed that this
Hon'ble Court may be pleased to:-

a) Issue a Writ of Mandamus to the Respondent 1 with a direction for quashing the
impugned order and reinstating the Petitioner in service with all consequential benefits
including back wages;

b) Issue an appropriate Writ Directing the Respondents to pay Cost to the Petitioner;

c) Any other relief, order or direction this court may deem fit and proper under the facts
and circumstances of this case.

AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL
EVER PRAY.

FILED BY: ( ) ADVOCATE FOR THE PETITIONER

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 DRAWN ON:

Drawn by:

New Delhi Date:

OTHER DOCUMENTS TO BE INCLUDED WITH WRIT PETITION OF MANDAMUS

1. Notice of motion

2. Urgent application

3. Court fee

4. Certificate

5. Synopsis & list of dates

6. Memo of parties

7. Annexure to the Petition

8. Application for exemption from filing certified copies, dim and small font Annexure
with affidavit.

9. Vakalatnama on behalf of the petitioner.

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 CONCLUSION

The word "mandamus" appeared in a number of orders issued by the sovereigns who ruled
England in the live centuries following the Norman Conquest. These orders however were
not concerned with the grievances of the citizens. The first instance of mandamus being used
for enforcing the fight of a private citizen was in 1615 when it was issued to a mayor and
corporation to restore a burgess to his office unless they could show cause to the contrary. As
no cause was shown, a peremptory order to restore him to the office was issued. By the early
eighteenth century, it was used to compel performance of a variety of public duties which
had been wrongly refused. Mandamus lies to enforce a public duty in the performance of
which the petitioner has a sufficient legal interest, but he must show that he has demanded
performance which has been refused. It is discretionary and will not be granted if there is an
alternative remedy equally beneficial, convenient and effective. The order of mandamus is of
a most extensive remedial nature, and is in form, a command issuing from the High Court of
Justice, directed to any person, corporation or inferior tribunal, requiring him or them to do
some particular thing therein specified which appertains to his or their office and is in nature
of a public duty. Mandamus is not a writ of right, it is not consequently granted of course, but
only at the discretion of the court to whom the application for it is made; and this discretion
is not exercised in favour of the applicant, unless some just and useful purpose may be
answered by the writ. A writ of mandamus or remedy is pre -eminently a public law remedy
and is not generally available against private wrongs. It is used for enforcement of various
rights of the public or to compel the public statutory authorities to discharge their duties and
to act within the bounds. It may be used to do justice when there is wrongful exercise of
power or a refusal to perform duties.

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 BIBLIOGRAPHY

● Drafting, pleading and conveyance

● http://www.legalservicesindia.com
● https://www.aaptaxlaw.com

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