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Vaibhav   25 September 2021

Writ petition under article 32 of the constitution

Whether –

  1. an ex parte order passed by an authority in exercise of power conferred upon him by an Act (Special Statute); and
  2. an interlocutory order passed an appellate authority (a Civil Court) before whom an appeal is preferred against said ex parte order; and
  3. the Act(said Special Statute), and the Rules made thereunder, which confers power and jurisdiction on said authority and said appellate officer, being ultra vires to the Constitution –

can be challenged in a  SINGLE WRIT PETITION, preferred under Article 32 of the Constitution of India provided that said orders are found to be violative of rights guaranteed under Part III (FUNDAMENTAL RIGHTS ) of the Constitution?

Any appropriate authority (Citation) may be cited in support of the reply to said query.

 1 Replies

minakshi bindhani   21 October 2021

As per your concerns!

In a writ of mandamus, whereas when a public officer fails to perform his/her official duty or something which forms part of his/her official duty. The Writ of Mandamus is a matter of grace and not a matter of right. But it is the discretionary power of the court to allow the writ of mandamus. This means - if the court thinks that there may have been a failure in performing the duty by the lower court or public authority, then the court may allow the writ of mandamus.

Hope it is helpful
Minakshi Bindhani

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