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DELHI HIGH COURT
CHANDRA DHARI SINGH
Braham Prakash – Appellant
Versus
Government of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. petition for writ of mandamus regarding land ownership (Para 1 , 2 , 3) |
| 2. petitioner's claims of unlawful entry (Para 4 , 7) |
| 3. respondent's contention of jurisdictional issues (Para 8 , 9 , 19) |
| 4. writ of mandamus requires established legal right (Para 10 , 12 , 14 , 20) |
| 5. legal prerequisites for issuing writs (Para 13 , 15 , 21) |
| 6. court denies petition due to lack of merit (Para 22 , 23 , 24) |
ORDER
Chandra Dhari Singh, J. (Oral)
CM APPL. 49691/2022
Exemption allowed subject to just exceptions.
The application stands disposed of.
W.P.(C) 15947/2022
1. The instant petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner seeking following reliefs:
"A. 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. 1 to vacate the land in question, that is, Khasra No. 25/22/1 (1-10), because this land belongs to the Petitioner and other co- allottees.
B. 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 th
A writ of mandamus can only be issued when there is a clear legal right established by the petitioner, along with a corresponding duty of the respondent, which was lacking in this case.
The court emphasized the necessity for factual determination before issuing a writ of mandamus for demarcation or measurement, and declined to interfere in the absence of such determination.
Point of law: Demand for justice is not a matter of form but a matter of substance and it is necessary that a “proper and sufficient demand has to be made.” The demand must be made to the proper auth....
Advocates appeared :For the Appellant : Ravish Agrawal, Sanjay Agrawal For the Respondent : Pushpendra Yadav, R. N. Singh, Akshay Pawar
The court ruled that disputes regarding land possession and ownership require establishment of facts through appropriate statutory remedies, not simply through writ petitions.
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