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Mandamus means a command. It is issued in favour of a person who establishes his legal rights and against aperson who has a legal duty but has failed to perform it. Here are some key points regarding remedy of writ of mandamus:

1. Petitioner must possese a legal/statutory right.

2. Relief prayed for must have been demanded and refused (or not considered within reasonable time) before filing of writ petition.

3 Normally writ can not be issued against a private person.

4. Respondent must have statutory duty to perform.

5. Mandamus can not be issued to comply the administrative instructions or departmental orders.

6. Mandamus can not be issued to inforce contractual obligations.

7. Mandamus can not be issued in violation of statutory provisions.

8. Mandamus can not be issued to Legislature or Government to make Laws or rules.

9. When an application is pending since long, mandamus can be issued to concerned authority to decide the same.


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Category Constitutional Law, Other Articles by - Swami Sadashiva Brahmendra Sar 



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