Regarding writ petition

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This query is : Resolved

jagdish vala (Querist)

18 February 2012 Can a person be made as a respondent to writ petition filed by the petitioner without the consent and knowledge of Respondent and what the consequences to bared by the respondent.

There is one writ petition filed by the Chief Promotor of Co op Hsg Society angainst his removal as a promoter of SRA Project against order passed by the CEO of SRA?

Can this Writ petition have any standing?

CA Sumat Singhal

CA Sumat Singhal (Expert)

18 February 2012 A writ petition is a very powerful weapon available to a citizen who feels aggrieved by any order of an authority, which takes or proposes to take action not authorised by law. Where any illegal encroachment of rights is attempted by an authority, a citizen can, to protect his rights, invoke the aid of the court under Article 226 of the Constitution. . Under this, the High Court has the power to issue not only writs of certiorari, prohibition and mandamus, but also other writs, directions and orders, as may be necessary to meet the ends of justice. A writ can be issued in respect of both administrative action and judicial or quasi-judicial action.
Generally, a High Court would not exercise its jurisdiction under Article 226 where adequate and efficacious legal remedy is available, which the petitioner has not availed himself of. However, despite the alternative remedy being available, the court may still interfere by a writ if the action of the authority is mala fide or arbitrary or does not comply with the statutory requirements. Further, a writ may lie when the finding is perverse or capricious or is prima facie erroneous.
So in my opinion this will not have ant standing.
Expert opinions are invited.

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