The central legal point established in the judgment is the requirement to establish the existence of a legal right and its infringement for the grant of a writ of mandamus under Article 226 of the Constitution of India.

ORDER :

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“… to issue writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of respondents 1 to 6 in not initiating action for removing the illegal and unauthorized selling of agricultural lands for removing the illegal and unauthorized selling of agricultural lands into house sites by the 7the Respondent and some others high handedly by laying unauthorized layout, event without having any valid title and ownership on the property and even without there being any land conversions situated in survey No.360-B/1A2A3A, 1A2A3 & 1A2A3B of Thamballapalli Village and Mandal, Chittoor District as illegal, arbitrary and unconstitutional and contrary to the procedure contemplated under Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002 and consequential direction to respondents 1 to 6 to forthwith initiate necessary action restraining the 7th Respondent and others from laying illegal and unauthorized layouts in survey No.360-B/1A2A3A, 1A2A3 & 1A2A3B of Thamballapalli Village and Mandal, Chittoor District and pass such other orders or order ...”

2. Separate counter affidavits are filed by respondent Nos.4, 6 and 7.

3. Heard Sri P. Narahari, learned counsel for the petitioner; learned Assistant Government Pleader for Revenue for respondent Nos.2 to 5, Sri G. Venkat Reddy, learned standing counsel for respondent No.6; Sri Kata Sambasiva Rao, learned counsel for respondent No.7 and Sri P. Aditya Harsha Vardhan, learned counsel for respondent No.8.

4. The grievance of the petitioner, as seen from the averments in the representation dated 30.09.2020 is that some individuals by occupying government lands, abutting the office of Tahsildar, Tambalapalli Mandal, are dividing the lands into plots and alienating the same; that a petrol bunk was constructed in the ceiling land, opposite to ZP High school; that some individuals encroached upon the Temple land and that buildings and shop rooms are being constructed near the Tahsildar’s office, M.D.O. office and other government offices, due to which the government offices are not visible.

5. Before delving into the facts of the case, in view of the relief sought in the writ petition, this court deems it appropriate to adjudicate as to whether the writ petition under Article 226 of the Constitution of India is maintainable and whether the petitioner got locus standi to maintain writ petition qua the relief.

6. For issuance of Writ of Mandamus, petitioner should satisfy the Court qua the infringement of his legal right and corresponding legal obligation on the part of the State or its instrumentality.

7. In State of U.P. and others Vs. Harish Chandra and others, (1996) 9 SCC 309, the Hon’ble Apex Court held as follows:

"10 ...Under the Constitution, a Mandamus can be issued by the Court when the applicant establishes that he has a legal right to the performance of legal duty by the party against whom the mandamus is sought and the said right was subsisting on the date of the petition."

8. In Union of India Vs. S.B. Vohra, (2004) 2 SCC 150, the Hon’ble Apex Court considered the similar issue and held that for issuing a writ of Mandamus in favour of a person, the person claiming, must establish his legal right in himself. Then only a writ of Mandamus could be issued against a person, who has a legal duty to perform, but has failed and/or neglected to do so.

9. In Oriental Bank of Commerce Vs. Sunder Lal Jain, (2008) 2 SCC 280, the Supreme Court emphasized the necessity to establish existence of legal right and its infringement for grant of Writ of Mandamus referred the principles stated in the Law of Extraordinary Legal Remedies by F.G. Ferris and F.G. Ferris, Jr.:

"Note 187.-Mandamus, at common law, is a highly prerogative writ, usually issuing out of the highest court of general jurisdiction, in the name of the sovereignty, directed to