Employment, Public & Specialist
Mandamus Petitions
A writ directing a public authority to perform a legal duty it has failed or refused to perform.
DLP's chamber: No. 548, A Block, High Court, Lucknow
What the law says
A writ of mandamus directs a public authority to perform a public duty that the law imposes on it. The petitioner must show a legal right to the performance of that duty, that the duty exists in law, and usually that a demand was made and refused or not acted on. Mandamus is not issued to enforce a purely contractual obligation, or to direct an authority to decide a matter in a particular way where the law gives it discretion; it can, however, direct the authority to decide in accordance with law.
Consultation
Speak to the chamber.
Leave your name, number and a line about the matter. A member of the chamber will call or message you back during working hours.
Frequently Asked Questions
What do I need to show?
That the authority has a legal duty, that you have a right to have it performed, and that you asked for it in writing and it was refused or not acted upon.
What are common examples?
Directions to decide a pending application or representation, to issue a certificate or licence the law requires once conditions are met, or to release dues that have been determined.
Should I write to the authority first?
Yes, usually. A written representation and proof of its receipt help show that a demand was made and not acted upon.
What if the authority does not comply with the order?
The petitioner can bring the non-compliance to the High Court's notice, including by a contempt application under the Contempt of Courts Act, 1971.