writ under article 226?


Can a State Government file a writ petition against Central Government under Article 226?
 
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Hi 

Actually I have never heard about such query ,According to me its No, because when the fundamental right of a person violated then that very person can file a writ petition and if you are having any case or petition on that  please let us know.

Hope this will help you

Best regards,

Akshay Gupta

 

 
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Actually it did happened. The Kerala Government had challenged the Central Government decision of handing over of the Trivandrum International Airport to Adani, a private enterprises without the state's permission. But the HC dismissed the petition stating that the suit is between the state and centre so comes under Article 131 and only SC has the jurisdiction to try the matter. On appeal the SC rejected the reasoning by the HC and remanded the case back to it for deciding afresh the case on merits.
 
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Adv P & H High Court Chandigarh

I do agree with expert Sulaiman.

 
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Unlike Article 32, that the scope of Article 226 is very wide such that it not only covers Fundamental rights but also any legal right, the state govt may file a petition against the Centre. And the contention of the state govt was that the case don't comes under the ambit of Article 131 since Adani, a private entity is a party to the suit. Article 131 is only between governments and private party should not be a party. 

 
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