TaxTMI 
TaxTMI 
2022 (11) TMI 1470
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....n'ble Court deem fit in the present facts and circumstances of the case, directing the Respondent No. 1 to remove all the encroachments or fixtures installed by it on the land in question, that is, Khasra No. 25/22/1 (1-10), and to restore the land to its previous state as was found when Respondent No. 1 took possession of it. C. Writ of mandamus, order, direction or any other appropriate writ, as this Hon'ble Court deem fit in the present facts and circumstances of the case, directing the Respondent No. 2 to clearly identify, delineate or demarcate the boundaries of the land in question, that is, Khasra No. 25/22/1 (1-10), to the extent that it can be then clearly distinguished from the lands made available for forest. So that no confusion prevails." 2. The land comprised in Khasra No. 134 min (0-10), Khasra No. 33/2, and Khasra No. 25/22/1 (1-10) situated in revenue estate of Village Devli, New Delhi were allotted to the petitioner and his brothers vide order dated 19th May 2000 passed by the Consolidation Officer, Hauz Khas, New Delhi under the East Punjab Holdings (Consolidation & Prevention of Fragmentation) Act, 1948 in case no. 5/CO/98. Pursuant to the al....
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....aon Sabha and has not been able to establish that he is the owner of the land. There are disputed facts in the case at hand pertaining to the title of the petitioner in the land in question which may not be adjudicated by this Court in its writ jurisdiction. Therefore, it is submitted that the instant petition is premature and is therefore, liable to be dismissed. 10. Heard learned counsel for the parties and perused the record. 11. The prayers sought by the petitioner are that the respondent may be directed to vacate the land in question, remove encroachments or fixtures installed by it on the same, identify, delineate or demarcate the boundaries of the land. For the same, the petitioner is seeking issuance of writ of mandamus from this Court. 12. The writ powers of a High Court delineated under Article 226 of the Constitution of India enable the Court to issue writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose. In the instant matter, the writ sought by the petitioner is that of mandamus and it is a well settled principle that wri....
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.... for the issuance of the said writ is, whether or not substantial justice will be promoted. Furthermore, while granting such a writ, the court must make every effort to ensure from the averments of the writ petition, whether there exist proper pleadings. In order to maintain the writ of mandamus, the first and foremost requirement is that the petition must not be frivolous, and must be filed in good faith. Additionally, the applicant must make a demand which is clear, plain and unambiguous. It must be made to an officer having the requisite authority to perform the act demanded. Furthermore, the authority against whom mandamus is issued, should have rejected the demand earlier. Therefore, a demand and its subsequent refusal, either by words, or by conduct, are necessary to satisfy the court that the opposite party is determined to ignore the demand of the applicant with respect to the enforcement of his legal right. However, a demand may not be necessary when the same is manifest from the facts of the case, that is, when it is an empty formality, or when it is obvious that the opposite party would not consider the demand." 15. Therefore, the two conditions which need to be consi....
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....query was put to the learned counsel for the petitioner whether the concerned authority empowered to redress the grievances of the petitioner was approached before filing of the instant petition, however, the learned counsel for the petitioner could not satisfactorily reply to the query of the Court. Neither by way of the pleadings on record nor by his oral submissions the learned counsel for the petitioner was able to show that the petitioner had approached the concerned authority seeking the reliefs that it has sought before this Court. As discussed in the foregoing paragraphs, the issuance of writ of mandamus is to be considered at the stage only when the person seeking its issuance had satisfied the prerequisite conditions. However, in the case at hand, the petitioner did not approach the concerned authority before invoking the writ jurisdiction of this Court. 20. In the landmark case of Whirlpool Corporation vs. Registrar of Trade Marks, (1998) 8 SCC 1, the Hon'ble Supreme Court made an observation qua the availability of an alternative remedy as a limitation for exercise of writ powers under Article 226 of the Constitution of India held as follows: - "15. Under Ar....