RAJASTHAN HIGH COURT AT JAIPUR BENCH
Sunil Ambwani, Prakash Gupta, JJ.
Mrs. Norti - Appellant
Versus
State of Rajasthan and another - Respondent
D.B. Civil Writ Petition (PIL) No. 14501 of 2014.
Decided On : 2-03-2015
Mandamus - Residential Scheme on Pasture Land - The court disposed of the writ petition with a direction to the respondent to consider and decide on the representation made regarding the development of a residential colony on pasture land, emphasizing the need for a representation to the statutory authority before seeking a writ of mandamus.
Fact of the Case:
The petitioner sought to set aside the decision of the Jaipur Development Authority to formulate a residential scheme on pasture land where a school is running and trees have been planted.
Finding of the Court:
The court found that the petitioner did not file a representation to the Jaipur Development Authority, which is necessary before seeking a writ of mandamus.
Issues: The main issue was whether the petitioner's writ petition seeking a writ of mandamus was maintainable without filing a representation to the statutory authority.
Ratio Decidendi: The court emphasized that a writ petition seeking a writ of mandamus is not ordinarily maintainable without making a representation to the statutory authority by way of demand to perform its statutory functions.
Final Decision: The writ petition was disposed of with a direction to the respondent to consider and decide on the representation made regarding the development of a residential colony on pasture land, emphasizing the need for a representation to the statutory authority before seeking a writ of mandamus.
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