Nature of
grievance:
Where any
instrumentality of the State indulges in continuous acts of negligence in the
due performance of their duties, causing serious prejudice to a class of
persons, including to the Petitioners, Writ proceedings may be initiated to
compel the concerned instrumentality of the State to perform their obligations
set out under the law.
Reliefs prayed for:
[As may be
applicable to facts of the case]
a)
The
Respondent authority be directed to act or to take action in the Petitioners’
case, strictly in accordance with law (specify the provision of law);
b) That the Hon’ble Court may pleased to dispose of the Petition, without
touching upon the merits of the case, to the limited extent, directing
Respondent No.2 to pass speaking and reasoned order, to the representation made
before it dated ____ by the Petitioners, whilst taking into consideration the
relevant facts and law in force;
c)
The Respondent No.2 be directed to initiate
Disciplinary Proceedings against Respondent No.1 for their wilfully
disregarding the express mandate of law, constituting grave Misconduct;
d)
The Hon’ble Court may pleased to
initiate Su Moto contempt proceedings against Respondent No.1 for their wilfully
disregarding the Order / Judgment of this Hon’ble Court expressly brought to
their knowledge;
e) Pending the
hearing and final disposal of the Petition, be pleased to direct Respondent
No.1 to obtain Legal opinion from the Advocate General / Solicitor General /
Attorney General, in the backdrop of issue of large public importance is
involved; and so as to avoid future litigation on the same issue;
f) Any other relief as this Hon’ble Court deems fit and
expedient, having regard to the facts and circumstances of the present case.
Grounds for Reliefs
The reckless and continuous acts
of negligence is challenged on the premise,
[As may be
applicable to facts of the case]
a) That, the said acts of negligence
is causing serious prejudice to the Petitioner in particular, and also to a
section / class of the Society, as a whole;
b) That, the said acts of negligence
are being done without complying to essential requirements of provisions of
law, under which the acts are being done;
c) That, the said acts of negligence
are being done without following the procedure established under the law;
d) Therefore, such negligent acts can
best be regarded as reckless, being done without caring for the consequences
that may ensue to the person affected by such negligent actions.
e) That the Authorities concerned are
not exercising the powers conferred upon them under the law; the very exercise,
for which the powers are conferred whenever the occasion so arises for its due
exercise;
f) The inactions of the Authority is
akin, to say that as an holder of authority and powers, we may act in this
manner or in that manner because we so wish. The only good reason which we give
for acting in this manner or in that manner, is that we wish to act, in this or
that manner.
g) The inactions of the Authority is
akin, to say that as an holder of authority and powers, we may choose to use
our powers only after a good deal of delay and inconvenience to people, or, we
may refuse to exercise the powers, regardless of our obligation under the law;
regardless of the social impact of our such inaction.
h) Such failure of exercise of powers
becomes Arbitrary; Malice in law; failure in exercise of jurisdiction resulting
in frustration of mandate of equality before law and equal protection of laws,
enshrined under Article 14 of the Constitution of India;
i) The issue which is raised in this
Petition is unambiguously and categorically decided by various decisions of
this Hon’ble Court / Apex court, stated hereinbefore; and whereas the said
decisions were expressly brought to the knowledge of the Respondent No.1
herein, yet Respondent No.1 acted contrary to the law so laid down. [As may
be applicable to facts of the case]
j) No prejudice to
Respondent if Reliefs prayed for, are granted: That, considering the very limited nature of relief prayed, no prejudice
of any nature would cause to the Respondents, if the Court grants relief in
terms of prayer clause (___) even without hearing the Respondents at length.
k) Exercise of Writ
jurisdiction: Whereas the Hon’ble Apex Court have time and again
said that even if an alternative remedy is available to an aggrieved party,
Writ jurisdiction should be exercised by High Courts in cases (i) where the
Writ petition seeks enforcement of any of the fundamental rights; (ii) where
there is failure of principles of natural justice or (iii) where the orders or
proceedings are wholly without jurisdiction or the vires of an Act is
challenged. [M.P. State Agro Industries Development Corporation Ltd Versus
Jahan Khan; Whirpool Corporation V/s. Registrar of Trade Marks; Harbanslal
Sahnia & Anr. V/s. Indian Oil Corporation Ltd. & Ors.; State of H.P.
V/s. Gujarat Ambuja Cement Ltd; Sanjana M. Wig V/s. Hindustan Petroleum
Corporation Ltd; Satwati Deswal Versus State Of Haryana.]
Material facts of the case:
The Petitioners, most respectfully
submit that, having regard to the nature of reliefs prayed for in this
Petition, the following facts become germane to the controversy herein; And,
the reasonable satisfaction of the existence or the non existence, as the case
may be, of these facts, may entitle the Petitioners the judgment in their
favour.
The chronology / chain of events,
which has led to the present situation, and has constrained the Petitioners to
seek certain Reliefs from this Hon’ble Court. In the chronology / chain of
events, the following facts should be set out in clear terms, at appropriate
juncture.
The required averments, as may be applicable to the facts of
the case, are:
1. The relevant specific law under
which the alleged negligent acts are being performed:
2. The reasonable requirements of
law, and the manner in which the acts should have been performed:
3. The representation made before the
concerned Authority; and the substance of the said representation, and the
reply received, if any:
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