Writ is a public law remedy. It refers to a formal, written order issued by a judicial authority directing an individual or authority to do or refrain from doing an act. The High Court, while exercising its power of judicial review, does not act as an appellate body. It is concerned with illegality, irrationality and procedural impropriety of an order passed by the State or a Statutory Authority. A High Court is empowered to issue directions, orders or writs for the enforcement of Fundamental Rights and for any other purpose. The writ jurisdiction of High Court is discretionary and equitable. Writ of mandamus is issued by a court commanding a public authority to perform a public duty belonging to its office. It can be issued only when a legal duty is imposed on the authority and the petitioner has the right to compel the performance of such duty. Writ of mandamus is requested to be issued, inter alia, to compel performance of public duties which may be administrative, ministerial or statutory in nature. A writ of mandamus may be issued in favour of a person who establishes a legal right in himself. It may be issued against a person who has a mandatory legal duty to perform, but has failed or has neglected to do so. Such a legal duty emanates by operation of law. The writ of mandamus is most extensive in regards to its remedial nature. The object of mandamus is to prevent disorder emanating from failure of justice and is required to be granted in all cases where law has established no specific remedy.
Mr. A and Mr. B are parties to a contract of sale of goods. Upon breach of contractual obligation by Mr. A, Mr. B filed a writ petition seeking a mandamus to compel Mr. A to perform his obligations under the contract. In the given situation, which of the following statements is true?
Correct Answer :
Writ of mandamus cannot be granted as Mr. B’s right under the contract is a private right.
Solution :
Correct Answer: Writ of mandamus cannot be granted as Mr. B’s right under the contract is a private right.
Explanation:
A writ of mandamus is a judicial remedy issued to command a public officer or public authority to perform a mandatory public or statutory duty imposed upon them by law. As highlighted in the passage, for a writ of mandamus to be issued, two essential conditions must be satisfied:
1. The petitioner must possess a legally enforceable public right.
2. The respondent must have a corresponding mandatory public duty imposed by operation of law, which they have failed or neglected to perform.
In the given scenario, Mr. A and Mr. B entered into a private contract for the sale of goods. The rights and duties arising out of a private contract between private individuals are purely private in nature (rights in rem or rights in personam governed by civil law), rather than public or statutory duties. A writ petition cannot be entertained to enforce private contractual rights or obligations.
Therefore, Mr. B cannot seek a writ of mandamus against Mr. A for breach of contract, because the right Mr. B is seeking to enforce is a private contractual right rather than a public or statutory right.
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