Writ Petition


Dear all,

As per Article 32 and 226 of the Constitution of India empowers the Supreme Court / High Court to enforce the fundamental rights in the writ petition filed by the aggrieved party against the 'State' authorities.

Clarification is required as to  whether the State itself can file a Writ Petition against the 'State' for the wrong committed by the later.  Is there any remedy. Regards, RAM

 
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Fundamental rights are confered on citizen against state . State has no fundamental rights to be enforced by HC or SC.

 
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but Art. 226  (not 32) can be envoked by state against orders of subordinate courts and tribunals. this is not for enforcement of fundamental rights but for ' any other purposes' referred in art. 226.

 
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Thank you sir.   In my case, we (state owned coporation) has been allotted certain rights over particular area in another State. However, another State body has been constructing some building over the said area.  Whether we can file Writ for obtaining stay from proceeding with the construction by the State Body ?

Regards,

RAM

 
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Govt..Employee

 1. Supreme Court in ONGC case and Conservator of forests Case held that litigation between two limbs of govt. organisation is to be decided by an empowered committee formed by secretaries of concenred departments  but not by way of litigation.

2. In view of Art.131 of Constitution of India, Supreme Court has exclusive jurisdiction over litigation between two States.

In view of Supreme Court's decisions, I feel filing of a writ petition is not the proper solution.

 

 
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 an action of state or any authority can be declared illegal and ultravires by high court if it is in violation of an statute.

you may approach the high court but there is doubt in entertaining your petition by high court. it may ask you to  file a civil suit.

 
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