SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2011 Supreme(HP) 1394

KURIAN JOSEPH, V.K.AHUJA
Ravinder Singh – Appellant
Versus
State of H. P. – Respondent


Advocates appeared:
For the petitioner:Mr. Sanjay Jaswal, Advocate.
For the Respondents:Mr. R.K. Bawa, A.G. with Mr. Ankush Dass Sood, Addl. AG and Mr. J.K. Verma, Dy. AG. for respondents No. 1 and 2.

JUDGMENT

Kurian Joseph, C.J.

The writ petition is filed with the following prayers:-

“i) That a writ of mandamus may very kindly be issued thereby directing the respondent No.1 to include the daughter-in-law in the definition of family member in the explanation given under section 122(1)(c), in those cases, where the daughter-in-law residing with the joint family and getting the benefits of the encroachments or is the beneficiary of encroachment. ii) That respondent No.2 may be directed to take appropriate action against the respondent No.3 under the Panchayati Raj Act.”

2. It is a well settled principle of law that no mandamus can be issued to the State to legislate on a particular point. It is their legislative wisdom. In case the petitioner feels that the legislative wisdom needs a review, it is for him to approach the first respondent or initiate such process as provided under the Constitution for an appropriate amendment. There is no challenge to the Rules for want of proper classification. Therefore, this writ petition is dismissed without prejudice to the liberty to take up the matter before the appropriate forum. The petitioner is free to bring this matter to the notice of t


Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top