Wednesday, July 3, 2013

Writ can lie against any person or authority - Rules Himachal Pradesh High Court

A Full Bench of Himachal Pradesh High Court has ruled in a case titled as Vikram Chauhan Vs Man­ag­ing Direc­tors and other con­nected mat­ters that a writ peti­tion can lied against any per­son or author­ity.  Accord­ing to the deci­sion of High Court in para 15 (4) :-


(4) As regards the sec­ond part of the ques­tion as to whether a writ would lie against the stated Coop­er­a­tive Banks, we hold that it is not appro­pri­ate to give a def­i­nite answer to this ques­tion. For, it would depend on sev­eral attend­ing fac­tors. Fur­ther, even if the said Banks were held to be not a State within the mean­ing of Arti­cle 12, the High Court in exer­cise of pow­ers under Arti­cle 226 of the Con­sti­tu­tion of India, can cer­tainly issue a writ or order in the nature of writ even against any per­son or Author­ity, if the fact sit­u­a­tion of the case so war­rants. In other words, writ can lie even against a Cor­po­ra­tive Soci­ety. Whether the same should be issued by the High Court would depend on the facts of each case



Writ can lie against any person or authority - Rules Himachal Pradesh High Court

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