Writ Draft

1
The format of Writ Petition The format of Writ Petition The format of Writ Petition The format of Writ Petition
Brief introduction about Writ Petition: Brief introduction about Writ Petition: Brief introduction about Writ Petition: Brief introduction about Writ Petition:
As we have seen above, in modern times, Peoples' Security and Progress are As we have seen above, in modern times, Peoples' Security and Progress are As we have seen above, in modern times, Peoples' Security and Progress are As we have seen above, in modern times, Peoples' Security and Progress are
sought to be secured through codified laws and scheme of Justice is thus sought to be secured through codified laws and scheme of Justice is thus sought to be secured through codified laws and scheme of Justice is thus sought to be secured through codified laws and scheme of Justice is thus
introduced to secure that Security and P introduced to secure that Security and P introduced to secure that Security and P introduced to secure that Security and Progress. rogress. rogress. rogress.

The whole scheme of Justice it appears in its most common acceptation The whole scheme of Justice it appears in its most common acceptation The whole scheme of Justice it appears in its most common acceptation The whole scheme of Justice it appears in its most common acceptation
implies the rendering of every man his due, that is implies the rendering of every man his due, that is implies the rendering of every man his due, that is implies the rendering of every man his due, that is- -- - his rights. The exercise of his rights. The exercise of his rights. The exercise of his rights. The exercise of
adjudicating and declaring rights and legal obligation of parties, by adjudicating and declaring rights and legal obligation of parties, by adjudicating and declaring rights and legal obligation of parties, by adjudicating and declaring rights and legal obligation of parties, by
employing laws of the la employing laws of the la employing laws of the la employing laws of the land and the principle of equity, by a competent court nd and the principle of equity, by a competent court nd and the principle of equity, by a competent court nd and the principle of equity, by a competent court
of jurisdiction, may be called as the exercise of administering justice. of jurisdiction, may be called as the exercise of administering justice. of jurisdiction, may be called as the exercise of administering justice. of jurisdiction, may be called as the exercise of administering justice.

Writ implies Power of the Constitutional Courts like the High Courts and the Writ implies Power of the Constitutional Courts like the High Courts and the Writ implies Power of the Constitutional Courts like the High Courts and the Writ implies Power of the Constitutional Courts like the High Courts and the
Supreme Court to give authoritative directions to an Supreme Court to give authoritative directions to an Supreme Court to give authoritative directions to an Supreme Court to give authoritative directions to any Public Authority, or to y Public Authority, or to y Public Authority, or to y Public Authority, or to
private persons, to do something or refrain from doing something. Petition private persons, to do something or refrain from doing something. Petition private persons, to do something or refrain from doing something. Petition private persons, to do something or refrain from doing something. Petition
means the making of Complaint to appropriate Court of law. means the making of Complaint to appropriate Court of law. means the making of Complaint to appropriate Court of law. means the making of Complaint to appropriate Court of law.

The true scope of Writ Jurisdiction of High Courts under Article 226 of the The true scope of Writ Jurisdiction of High Courts under Article 226 of the The true scope of Writ Jurisdiction of High Courts under Article 226 of the The true scope of Writ Jurisdiction of High Courts under Article 226 of the
Constitution of In Constitution of In Constitution of In Constitution of India was so beautifully and neatly explained by Honble dia was so beautifully and neatly explained by Honble dia was so beautifully and neatly explained by Honble dia was so beautifully and neatly explained by Honble
Supreme Court in the case of Mohammed Hanif versus State of Assam Supreme Court in the case of Mohammed Hanif versus State of Assam Supreme Court in the case of Mohammed Hanif versus State of Assam Supreme Court in the case of Mohammed Hanif versus State of Assam
reported in (1969) 2 SCC 782 reported in (1969) 2 SCC 782 reported in (1969) 2 SCC 782 reported in (1969) 2 SCC 782- -- - The Court said The Court said The Court said The Court said- -- - In a proceeding under Article In a proceeding under Article In a proceeding under Article In a proceeding under Article
226, the High Court is not concerned merely with the determ 226, the High Court is not concerned merely with the determ 226, the High Court is not concerned merely with the determ 226, the High Court is not concerned merely with the determination of ination of ination of ination of
private rights of the parties; the only object of such a proceeding under private rights of the parties; the only object of such a proceeding under private rights of the parties; the only object of such a proceeding under private rights of the parties; the only object of such a proceeding under
Article 226 is to ensure that law of the land is implicitly obeyed and that Article 226 is to ensure that law of the land is implicitly obeyed and that Article 226 is to ensure that law of the land is implicitly obeyed and that Article 226 is to ensure that law of the land is implicitly obeyed and that
various authorities and tribunals act within the limits of their respective various authorities and tribunals act within the limits of their respective various authorities and tribunals act within the limits of their respective various authorities and tribunals act within the limits of their respective
jurisdiction. jurisdiction. jurisdiction. jurisdiction.

The The The The Writ Petition is kind of a remedy given to people of India for enforcement Writ Petition is kind of a remedy given to people of India for enforcement Writ Petition is kind of a remedy given to people of India for enforcement Writ Petition is kind of a remedy given to people of India for enforcement
of their rights against the Govt and its various agencies, and in exceptional of their rights against the Govt and its various agencies, and in exceptional of their rights against the Govt and its various agencies, and in exceptional of their rights against the Govt and its various agencies, and in exceptional
circumstances, the Writ Jurisdiction may be invoked against private persons circumstances, the Writ Jurisdiction may be invoked against private persons circumstances, the Writ Jurisdiction may be invoked against private persons circumstances, the Writ Jurisdiction may be invoked against private persons
who are discharging functi who are discharging functi who are discharging functi who are discharging functions which are essentially of public nature, or say ons which are essentially of public nature, or say ons which are essentially of public nature, or say ons which are essentially of public nature, or say
directly concerned with public welfare. directly concerned with public welfare. directly concerned with public welfare. directly concerned with public welfare.

2
FORMAT OF PETITION FORMAT OF PETITION FORMAT OF PETITION FORMAT OF PETITION
IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL / APPELLATE CIVIL JURISDICTION ORDINARY ORIGINAL / APPELLATE CIVIL JURISDICTION ORDINARY ORIGINAL / APPELLATE CIVIL JURISDICTION ORDINARY ORIGINAL / APPELLATE CIVIL JURISDICTION
WRIT PETITION NO. OF 2011 WRIT PETITION NO. OF 2011 WRIT PETITION NO. OF 2011 WRIT PETITION NO. OF 2011

Mr. AAAA & Mr. AAAA & Mr. AAAA & Mr. AAAA & OTHERS OTHERS OTHERS OTHERS .... PETITIONERS .... PETITIONERS .... PETITIONERS .... PETITIONERS
V/S V/S V/S V/S
THE THE THE THE BBBB & OTHERS BBBB & OTHERS BBBB & OTHERS BBBB & OTHERS .RESPONDENTS .RESPONDENTS .RESPONDENTS .RESPONDENTS

INDEX INDEX INDEX INDEX

Sr.NO. DATE Sr.NO. DATE Sr.NO. DATE Sr.NO. DATE PARTICULARS PARTICULARS PARTICULARS PARTICULARS PAGE NO. PAGE NO. PAGE NO. PAGE NO.

1. 1. 1. 1. PROFORMA PROFORMA PROFORMA PROFORMA
2. 2. 2. 2. SYNOPSIS SYNOPSIS SYNOPSIS SYNOPSIS
3. 3. 3. 3. POINTS, AUTHORITIES & ACTS POINTS, AUTHORITIES & ACTS POINTS, AUTHORITIES & ACTS POINTS, AUTHORITIES & ACTS
4. 4. 4. 4. THE PETITION THE PETITION THE PETITION THE PETITION
5. 5. 5. 5. VERIFICATION VERIFICATION VERIFICATION VERIFICATION
6. 6. 6. 6. MEMO OF APPEARANCE MEMO OF APPEARANCE MEMO OF APPEARANCE MEMO OF APPEARANCE
7. 7. 7. 7. MEMORAN MEMORAN MEMORAN MEMORANDUM OF REGISTERED ADDRESS DUM OF REGISTERED ADDRESS DUM OF REGISTERED ADDRESS DUM OF REGISTERED ADDRESS
8. 8. 8. 8. LIST OF DOCUMENTS LIST OF DOCUMENTS LIST OF DOCUMENTS LIST OF DOCUMENTS
9. 9. 9. 9. EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A
10. 10. 10. 10. AFFIDAVIT IN SUPPORT. AFFIDAVIT IN SUPPORT. AFFIDAVIT IN SUPPORT. AFFIDAVIT IN SUPPORT.
11. 11. 11. 11. CERTIFICATE CERTIFICATE CERTIFICATE CERTIFICATE
( This is the first page of the Petition) ( This is the first page of the Petition) ( This is the first page of the Petition) ( This is the first page of the Petition)

3

Mr. AAAA & OTHERS Mr. AAAA & OTHERS Mr. AAAA & OTHERS Mr. AAAA & OTHERS .... PETITIONERS .... PETITIONERS .... PETITIONERS .... PETITIONERS
V/S V/S V/S V/S
___________________________________________ ___________________________________________ ___________________________________________ ___________________________________________
Office Notes, Office Memorunda of Office Notes, Office Memorunda of Office Notes, Office Memorunda of Office Notes, Office Memorunda of
Corom. Appendices. Courts order or Courts of Judge Corom. Appendices. Courts order or Courts of Judge Corom. Appendices. Courts order or Courts of Judge Corom. Appendices. Courts order or Courts of Judges ss s
Direction and prothonartys order orders. Direction and prothonartys order orders. Direction and prothonartys order orders. Direction and prothonartys order orders.
(This page is called proforma as stated in the Index. In this page, the (This page is called proforma as stated in the Index. In this page, the (This page is called proforma as stated in the Index. In this page, the (This page is called proforma as stated in the Index. In this page, the
Presiding Judge records important points that emerged during course of Presiding Judge records important points that emerged during course of Presiding Judge records important points that emerged during course of Presiding Judge records important points that emerged during course of
hearing. This proforma is to be numbered as (A) (B) hearing. This proforma is to be numbered as (A) (B) hearing. This proforma is to be numbered as (A) (B) hearing. This proforma is to be numbered as (A) (B)

4

V/S V/S V/S V/S

S Y N O P S I S S Y N O P S I S S Y N O P S I S S Y N O P S I S
Narrate date wise v Narrate date wise v Narrate date wise v Narrate date wise very briefly chronology of events / important facts that led ery briefly chronology of events / important facts that led ery briefly chronology of events / important facts that led ery briefly chronology of events / important facts that led
to the filing of this Writ. to the filing of this Writ. to the filing of this Writ. to the filing of this Writ.

DATE: DATE: DATE: DATE:
00.00.0000 00.00.0000 00.00.0000 00.00.0000 A Complaint was recorded to the Respondent herein. A Complaint was recorded to the Respondent herein. A Complaint was recorded to the Respondent herein. A Complaint was recorded to the Respondent herein.

00.00.0000 00.00.0000 00.00.0000 00.00.0000 Reply (if any) received from the Respondent herein. Reply (if any) received from the Respondent herein. Reply (if any) received from the Respondent herein. Reply (if any) received from the Respondent herein.

00.00.0000 00.00.0000 00.00.0000 00.00.0000 This Writ is filed This Writ is filed This Writ is filed This Writ is filed. . . .

(signed) (signed) (signed) (signed)
Petitioner No.1 Petitioner No.1 Petitioner No.1 Petitioner No.1
In Person In Person In Person In Person
(Page C) (Page C) (Page C) (Page C)

5

V/S V/S V/S V/S
THE BBBB & OTH THE BBBB & OTH THE BBBB & OTH THE BBBB & OTHERS ERS ERS ERS .RESPONDENTS .RESPONDENTS .RESPONDENTS .RESPONDENTS

THE POINTS TO BE URGED THE POINTS TO BE URGED THE POINTS TO BE URGED THE POINTS TO BE URGED
State here (very) important points that you intend to argue in the Court State here (very) important points that you intend to argue in the Court State here (very) important points that you intend to argue in the Court State here (very) important points that you intend to argue in the Court

(1) (1) (1) (1) A note was struck by Apex Court in Superintending Engineer, A note was struck by Apex Court in Superintending Engineer, A note was struck by Apex Court in Superintending Engineer, A note was struck by Apex Court in Superintending Engineer,
Public health, U.T. Chandigarh V Kuldeep Singh when it observed: Every Public health, U.T. Chandigarh V Kuldeep Singh when it observed: Every Public health, U.T. Chandigarh V Kuldeep Singh when it observed: Every Public health, U.T. Chandigarh V Kuldeep Singh when it observed: Every
Public servant is a trustee of the society; and in all facets of public Public servant is a trustee of the society; and in all facets of public Public servant is a trustee of the society; and in all facets of public Public servant is a trustee of the society; and in all facets of public
administration administration administration administration every public servant has to exhibit honesty, integrity, every public servant has to exhibit honesty, integrity, every public servant has to exhibit honesty, integrity, every public servant has to exhibit honesty, integrity,
sincerity and faithfulness in the implementation of the political, social, sincerity and faithfulness in the implementation of the political, social, sincerity and faithfulness in the implementation of the political, social, sincerity and faithfulness in the implementation of the political, social,
economic and constitutional policie economic and constitutional policie economic and constitutional policie economic and constitutional policies to integrate the nation, to achieve s to integrate the nation, to achieve s to integrate the nation, to achieve s to integrate the nation, to achieve
excellence & efficiency in public administration. ... excellence & efficiency in public administration. ... excellence & efficiency in public administration. ... excellence & efficiency in public administration. ...

Contrary to above, the experience is that the holders of public offices treat Contrary to above, the experience is that the holders of public offices treat Contrary to above, the experience is that the holders of public offices treat Contrary to above, the experience is that the holders of public offices treat
the authority in their hands, as one bestowing upon them, the status of a the authority in their hands, as one bestowing upon them, the status of a the authority in their hands, as one bestowing upon them, the status of a the authority in their hands, as one bestowing upon them, the status of a
ruler rath ruler rath ruler rath ruler rather than one in public service. er than one in public service. er than one in public service. er than one in public service.

Statutory / Public authorities / Public officers, especially highly placed, Statutory / Public authorities / Public officers, especially highly placed, Statutory / Public authorities / Public officers, especially highly placed, Statutory / Public authorities / Public officers, especially highly placed,
soaked in arrogance of their powers, generally do not bother themselves to soaked in arrogance of their powers, generally do not bother themselves to soaked in arrogance of their powers, generally do not bother themselves to soaked in arrogance of their powers, generally do not bother themselves to
the complaint of Citizens, and their replies sometimes are deliberately the complaint of Citizens, and their replies sometimes are deliberately the complaint of Citizens, and their replies sometimes are deliberately the complaint of Citizens, and their replies sometimes are deliberately
i ii illogical and evasive. llogical and evasive. llogical and evasive. llogical and evasive.

(2) (2) (2) (2) It is the case of the Petitioners that Citizens have a right to It is the case of the Petitioners that Citizens have a right to It is the case of the Petitioners that Citizens have a right to It is the case of the Petitioners that Citizens have a right to
receive proper reply, of the complaints made to public / statutory authorities. receive proper reply, of the complaints made to public / statutory authorities. receive proper reply, of the complaints made to public / statutory authorities. receive proper reply, of the complaints made to public / statutory authorities.

(3) (3) (3) (3) The Petitioners submit The Petitioners submit The Petitioners submit The Petitioners submit that that that that in the case of Salem Advocates Bar in the case of Salem Advocates Bar in the case of Salem Advocates Bar in the case of Salem Advocates Bar
Association Association Association Association, Tamilnadu Vs. Union of India (UOI), (2005) 6 SCC 344, the , Tamilnadu Vs. Union of India (UOI), (2005) 6 SCC 344, the , Tamilnadu Vs. Union of India (UOI), (2005) 6 SCC 344, the , Tamilnadu Vs. Union of India (UOI), (2005) 6 SCC 344, the
Hon'ble Supreme Court, among other things, said Hon'ble Supreme Court, among other things, said Hon'ble Supreme Court, among other things, said Hon'ble Supreme Court, among other things, said - -- - Judicial notice can be Judicial notice can be Judicial notice can be Judicial notice can be
taken of the fact that in a large number of cases either the notice is not taken of the fact that in a large number of cases either the notice is not taken of the fact that in a large number of cases either the notice is not taken of the fact that in a large number of cases either the notice is not
replied to or in the few cases where a reply is replied to or in the few cases where a reply is replied to or in the few cases where a reply is replied to or in the few cases where a reply is sent, it is generally vague and sent, it is generally vague and sent, it is generally vague and sent, it is generally vague and
6
evasive. It not only gives rise to avoidable litigation but also results in heavy evasive. It not only gives rise to avoidable litigation but also results in heavy evasive. It not only gives rise to avoidable litigation but also results in heavy evasive. It not only gives rise to avoidable litigation but also results in heavy
expenses and costs to the exchequer as well. expenses and costs to the exchequer as well. expenses and costs to the exchequer as well. expenses and costs to the exchequer as well.

A proper reply can result in reduction of litigation between the State and the A proper reply can result in reduction of litigation between the State and the A proper reply can result in reduction of litigation between the State and the A proper reply can result in reduction of litigation between the State and the
citizens. In cas citizens. In cas citizens. In cas citizens. In case a proper reply is sent, either the claim in the notice may be e a proper reply is sent, either the claim in the notice may be e a proper reply is sent, either the claim in the notice may be e a proper reply is sent, either the claim in the notice may be
admitted or the area of controversy curtailed, or the citizen may be satisfied admitted or the area of controversy curtailed, or the citizen may be satisfied admitted or the area of controversy curtailed, or the citizen may be satisfied admitted or the area of controversy curtailed, or the citizen may be satisfied
on knowing the stand of the State. on knowing the stand of the State. on knowing the stand of the State. on knowing the stand of the State.

In the above case strict duty is cast upon the Public authorities to make In the above case strict duty is cast upon the Public authorities to make In the above case strict duty is cast upon the Public authorities to make In the above case strict duty is cast upon the Public authorities to make
pro pro pro proper replies if they happen to receive any statutory notice, either under per replies if they happen to receive any statutory notice, either under per replies if they happen to receive any statutory notice, either under per replies if they happen to receive any statutory notice, either under
section 80 of CPC 1908, or under any other statute. I say, when a law section 80 of CPC 1908, or under any other statute. I say, when a law section 80 of CPC 1908, or under any other statute. I say, when a law section 80 of CPC 1908, or under any other statute. I say, when a law
recognizes a duty, correspondingly, law also recognizes a right. recognizes a duty, correspondingly, law also recognizes a right. recognizes a duty, correspondingly, law also recognizes a right. recognizes a duty, correspondingly, law also recognizes a right.

(4) (4) (4) (4) It is the case of the Petitioners that C It is the case of the Petitioners that C It is the case of the Petitioners that C It is the case of the Petitioners that Citizens Right of Reply itizens Right of Reply itizens Right of Reply itizens Right of Reply
can be traced to preamble and to Article 14 of the Constitution of India and in can be traced to preamble and to Article 14 of the Constitution of India and in can be traced to preamble and to Article 14 of the Constitution of India and in can be traced to preamble and to Article 14 of the Constitution of India and in
numerous rulings made by our Constitutional courts. In wealth of the numerous rulings made by our Constitutional courts. In wealth of the numerous rulings made by our Constitutional courts. In wealth of the numerous rulings made by our Constitutional courts. In wealth of the
Judgments delivered by our Courts, it is repeatedly affirmed that public Judgments delivered by our Courts, it is repeatedly affirmed that public Judgments delivered by our Courts, it is repeatedly affirmed that public Judgments delivered by our Courts, it is repeatedly affirmed that public
authorit authorit authorit authorities must exercise their discretionary powers in a reasoned and ies must exercise their discretionary powers in a reasoned and ies must exercise their discretionary powers in a reasoned and ies must exercise their discretionary powers in a reasoned and
justified manner, failing to which leads to inescapable violence to Article 14 justified manner, failing to which leads to inescapable violence to Article 14 justified manner, failing to which leads to inescapable violence to Article 14 justified manner, failing to which leads to inescapable violence to Article 14
of the Constitution of India. of the Constitution of India. of the Constitution of India. of the Constitution of India.

The Petitioners submit that Citizens Right of Reply is inherent in Duty to The Petitioners submit that Citizens Right of Reply is inherent in Duty to The Petitioners submit that Citizens Right of Reply is inherent in Duty to The Petitioners submit that Citizens Right of Reply is inherent in Duty to
rea rea rea reasoned exercise of discretion by Public authorities, a duty which is soned exercise of discretion by Public authorities, a duty which is soned exercise of discretion by Public authorities, a duty which is soned exercise of discretion by Public authorities, a duty which is
consistently cast upon public / statutory authorities by our Constitutional consistently cast upon public / statutory authorities by our Constitutional consistently cast upon public / statutory authorities by our Constitutional consistently cast upon public / statutory authorities by our Constitutional
Courts, in their series of judgments. Courts, in their series of judgments. Courts, in their series of judgments. Courts, in their series of judgments.

(5) (5) (5) (5) It is the case of the Petitioners that when the Courts, in their It is the case of the Petitioners that when the Courts, in their It is the case of the Petitioners that when the Courts, in their It is the case of the Petitioners that when the Courts, in their
wealth of judgments, lay so much emphasize on recording of reasons by wealth of judgments, lay so much emphasize on recording of reasons by wealth of judgments, lay so much emphasize on recording of reasons by wealth of judgments, lay so much emphasize on recording of reasons by
public authorities, in the discharge of their duties even when administrative public authorities, in the discharge of their duties even when administrative public authorities, in the discharge of their duties even when administrative public authorities, in the discharge of their duties even when administrative
in nature, the recording of reason in their decision itself presupposes the in nature, the recording of reason in their decision itself presupposes the in nature, the recording of reason in their decision itself presupposes the in nature, the recording of reason in their decision itself presupposes the
obligation of giving reply, and obligation of giving reply, and obligation of giving reply, and obligation of giving reply, and not only a mere reply but a reasoned reply. It not only a mere reply but a reasoned reply. It not only a mere reply but a reasoned reply. It not only a mere reply but a reasoned reply. It
cannot be said that cannot be said that cannot be said that cannot be said that whereas authorities are under obligation to make whereas authorities are under obligation to make whereas authorities are under obligation to make whereas authorities are under obligation to make
reasoned reply but they are at liberty to not to make any reply. reasoned reply but they are at liberty to not to make any reply. reasoned reply but they are at liberty to not to make any reply. reasoned reply but they are at liberty to not to make any reply.

7
(6) (6) (6) (6) It is the case of the Petitioners that in wealth of judgments, the It is the case of the Petitioners that in wealth of judgments, the It is the case of the Petitioners that in wealth of judgments, the It is the case of the Petitioners that in wealth of judgments, the
Courts have insisted upon recording reasons by administrative authorities on Courts have insisted upon recording reasons by administrative authorities on Courts have insisted upon recording reasons by administrative authorities on Courts have insisted upon recording reasons by administrative authorities on
the premise that such a decision is subject to judicial review and the courts the premise that such a decision is subject to judicial review and the courts the premise that such a decision is subject to judicial review and the courts the premise that such a decision is subject to judicial review and the courts
cannot exercise their duty of review unless courts are duly informed of the cannot exercise their duty of review unless courts are duly informed of the cannot exercise their duty of review unless courts are duly informed of the cannot exercise their duty of review unless courts are duly informed of the
consideration underlying consideration underlying consideration underlying consideration underlying the action under review. A statement of reasons the action under review. A statement of reasons the action under review. A statement of reasons the action under review. A statement of reasons
serves purposes other than judicial review inasmuch as the reasons promote serves purposes other than judicial review inasmuch as the reasons promote serves purposes other than judicial review inasmuch as the reasons promote serves purposes other than judicial review inasmuch as the reasons promote
thought by the authority and compel it to cover the relevant points and thought by the authority and compel it to cover the relevant points and thought by the authority and compel it to cover the relevant points and thought by the authority and compel it to cover the relevant points and
eschew irrelevancies and assures careful administrative co eschew irrelevancies and assures careful administrative co eschew irrelevancies and assures careful administrative co eschew irrelevancies and assures careful administrative consideration. nsideration. nsideration. nsideration.

(7) (7) (7) (7) When, in the case of M Krishna Swamy versus UOI reported in When, in the case of M Krishna Swamy versus UOI reported in When, in the case of M Krishna Swamy versus UOI reported in When, in the case of M Krishna Swamy versus UOI reported in
(1992) 4 SCC 605, the Honble Supreme Court held that any action, decision (1992) 4 SCC 605, the Honble Supreme Court held that any action, decision (1992) 4 SCC 605, the Honble Supreme Court held that any action, decision (1992) 4 SCC 605, the Honble Supreme Court held that any action, decision
or order of any statutory or public authority bereft of reasoning would be or order of any statutory or public authority bereft of reasoning would be or order of any statutory or public authority bereft of reasoning would be or order of any statutory or public authority bereft of reasoning would be
arbitrary, unfair and unju arbitrary, unfair and unju arbitrary, unfair and unju arbitrary, unfair and unjust violating article 14 of the Constitution of India, st violating article 14 of the Constitution of India, st violating article 14 of the Constitution of India, st violating article 14 of the Constitution of India,
then, it is the case of the Petitioners that non then, it is the case of the Petitioners that non then, it is the case of the Petitioners that non then, it is the case of the Petitioners that non- -- -reply of any complaint received reply of any complaint received reply of any complaint received reply of any complaint received
by any public /statutory authority, is a positive act of omission, an arbitrary, by any public /statutory authority, is a positive act of omission, an arbitrary, by any public /statutory authority, is a positive act of omission, an arbitrary, by any public /statutory authority, is a positive act of omission, an arbitrary,
unfair and unjustified decision of that unfair and unjustified decision of that unfair and unjustified decision of that unfair and unjustified decision of that public / statutory authority to not to public / statutory authority to not to public / statutory authority to not to public / statutory authority to not to
make a reply, thereby frustrating citizens fundamental right enshrined under make a reply, thereby frustrating citizens fundamental right enshrined under make a reply, thereby frustrating citizens fundamental right enshrined under make a reply, thereby frustrating citizens fundamental right enshrined under
Article 14. Article 14. Article 14. Article 14.

(8) (8) (8) (8) When, in the case of Srilekha Vidyarthi versus State of UP When, in the case of Srilekha Vidyarthi versus State of UP When, in the case of Srilekha Vidyarthi versus State of UP When, in the case of Srilekha Vidyarthi versus State of UP
reported in AIR 1991 SC 537, it was held by the Hon'ble SC t reported in AIR 1991 SC 537, it was held by the Hon'ble SC t reported in AIR 1991 SC 537, it was held by the Hon'ble SC t reported in AIR 1991 SC 537, it was held by the Hon'ble SC that in order to hat in order to hat in order to hat in order to
satisfy the test of Article 14, every State action must be informed by reasons satisfy the test of Article 14, every State action must be informed by reasons satisfy the test of Article 14, every State action must be informed by reasons satisfy the test of Article 14, every State action must be informed by reasons
and that an act uninformed by reasons, is arbitrary, and arbitrariness is the and that an act uninformed by reasons, is arbitrary, and arbitrariness is the and that an act uninformed by reasons, is arbitrary, and arbitrariness is the and that an act uninformed by reasons, is arbitrary, and arbitrariness is the
very negation of the Rule of Law, it is the case of the Petitioners that non very negation of the Rule of Law, it is the case of the Petitioners that non very negation of the Rule of Law, it is the case of the Petitioners that non very negation of the Rule of Law, it is the case of the Petitioners that non- -- -
reply reply reply reply of any complaint received by State, is an act of omission of the State of any complaint received by State, is an act of omission of the State of any complaint received by State, is an act of omission of the State of any complaint received by State, is an act of omission of the State
not informed by reason and thus arbitrary, and thus does not pass the test of not informed by reason and thus arbitrary, and thus does not pass the test of not informed by reason and thus arbitrary, and thus does not pass the test of not informed by reason and thus arbitrary, and thus does not pass the test of

(9) (9) (9) (9) Similarly, when, in the case of Union of India Vs Mohan Lal Similarly, when, in the case of Union of India Vs Mohan Lal Similarly, when, in the case of Union of India Vs Mohan Lal Similarly, when, in the case of Union of India Vs Mohan Lal
Capoor reported in (1973) 2 Capoor reported in (1973) 2 Capoor reported in (1973) 2 Capoor reported in (1973) 2 SCC 836, the Honble Supreme Court said SCC 836, the Honble Supreme Court said SCC 836, the Honble Supreme Court said SCC 836, the Honble Supreme Court said
Reasons disclose how the mind is applied to the subject matter for a Reasons disclose how the mind is applied to the subject matter for a Reasons disclose how the mind is applied to the subject matter for a Reasons disclose how the mind is applied to the subject matter for a
decision whether it is purely administrative or quasi judicial; and reveal a decision whether it is purely administrative or quasi judicial; and reveal a decision whether it is purely administrative or quasi judicial; and reveal a decision whether it is purely administrative or quasi judicial; and reveal a
rational nexus between the facts considered and conclusions reached rational nexus between the facts considered and conclusions reached rational nexus between the facts considered and conclusions reached rational nexus between the facts considered and conclusions reached, it is , it is , it is , it is
the case of the Petitioners that non the case of the Petitioners that non the case of the Petitioners that non the case of the Petitioners that non- -- -reply of any complaint received by any reply of any complaint received by any reply of any complaint received by any reply of any complaint received by any
public /statutory authority implies that although mind was applied to the public /statutory authority implies that although mind was applied to the public /statutory authority implies that although mind was applied to the public /statutory authority implies that although mind was applied to the
8
complaint but arbitrary decision was taken by the administrative authority complaint but arbitrary decision was taken by the administrative authority complaint but arbitrary decision was taken by the administrative authority complaint but arbitrary decision was taken by the administrative authority
that no reply should be that no reply should be that no reply should be that no reply should be made. made. made. made.

(10) (10) (10) (10) The Petitioners say that discretion in reality means a power The Petitioners say that discretion in reality means a power The Petitioners say that discretion in reality means a power The Petitioners say that discretion in reality means a power
given to a person with the authority to choose between two or more given to a person with the authority to choose between two or more given to a person with the authority to choose between two or more given to a person with the authority to choose between two or more
alternatives or possibilities each of which is lawful and permissible. The alternatives or possibilities each of which is lawful and permissible. The alternatives or possibilities each of which is lawful and permissible. The alternatives or possibilities each of which is lawful and permissible. The
concept of discretion imports a duty concept of discretion imports a duty concept of discretion imports a duty concept of discretion imports a duty to be fair, candid and unprejudiced; not to be fair, candid and unprejudiced; not to be fair, candid and unprejudiced; not to be fair, candid and unprejudiced; not
arbitrary, capricious or biased; much less, warped by resentment or personal arbitrary, capricious or biased; much less, warped by resentment or personal arbitrary, capricious or biased; much less, warped by resentment or personal arbitrary, capricious or biased; much less, warped by resentment or personal
dislike. dislike. dislike. dislike.

(11) (11) (11) (11) The Petitioners say that our system of governance is founded The Petitioners say that our system of governance is founded The Petitioners say that our system of governance is founded The Petitioners say that our system of governance is founded
on the lofty principle of rule of law, wherein the Nations on the lofty principle of rule of law, wherein the Nations on the lofty principle of rule of law, wherein the Nations on the lofty principle of rule of law, wherein the Nations power is divided power is divided power is divided power is divided
amongst three chief organs, each under a duty to conduct itself in a manner amongst three chief organs, each under a duty to conduct itself in a manner amongst three chief organs, each under a duty to conduct itself in a manner amongst three chief organs, each under a duty to conduct itself in a manner
that subserves the common good of all and achieve the objectives of a that subserves the common good of all and achieve the objectives of a that subserves the common good of all and achieve the objectives of a that subserves the common good of all and achieve the objectives of a
welfare State. The checks and balances were put as inherent safeguards welfare State. The checks and balances were put as inherent safeguards welfare State. The checks and balances were put as inherent safeguards welfare State. The checks and balances were put as inherent safeguards
designed to ensure com designed to ensure com designed to ensure com designed to ensure compliance with the maxim Be you ever so high, the law pliance with the maxim Be you ever so high, the law pliance with the maxim Be you ever so high, the law pliance with the maxim Be you ever so high, the law
is above you. The dicta of the Constitution is crystal clear; namely, the goal is above you. The dicta of the Constitution is crystal clear; namely, the goal is above you. The dicta of the Constitution is crystal clear; namely, the goal is above you. The dicta of the Constitution is crystal clear; namely, the goal
of good governance. of good governance. of good governance. of good governance.

(12) (12) (12) (12) The Petitioners say that even our Constitution of India give so The Petitioners say that even our Constitution of India give so The Petitioners say that even our Constitution of India give so The Petitioners say that even our Constitution of India give so
much importance to the people much importance to the people much importance to the people much importance to the people of India. In our vast, beautiful, geographical of India. In our vast, beautiful, geographical of India. In our vast, beautiful, geographical of India. In our vast, beautiful, geographical
landscape of Independent INDIA, i.e. Bhaarat, the Constitution of INDIA, landscape of Independent INDIA, i.e. Bhaarat, the Constitution of INDIA, landscape of Independent INDIA, i.e. Bhaarat, the Constitution of INDIA, landscape of Independent INDIA, i.e. Bhaarat, the Constitution of INDIA,
which came into existence on 26th January 1950, is the supreme & which came into existence on 26th January 1950, is the supreme & which came into existence on 26th January 1950, is the supreme & which came into existence on 26th January 1950, is the supreme &
fundamental governing volume. fundamental governing volume. fundamental governing volume. fundamental governing volume.

This epic governing volume makes a cate This epic governing volume makes a cate This epic governing volume makes a cate This epic governing volume makes a categorical announcement in the gorical announcement in the gorical announcement in the gorical announcement in the
introductory passage that people of INDIA are the architect of this volume. introductory passage that people of INDIA are the architect of this volume. introductory passage that people of INDIA are the architect of this volume. introductory passage that people of INDIA are the architect of this volume.
The announcement assumes significance because by this announcement, the The announcement assumes significance because by this announcement, the The announcement assumes significance because by this announcement, the The announcement assumes significance because by this announcement, the
fathers of our Constitution intend to acknowledge and give tribute to selfless fathers of our Constitution intend to acknowledge and give tribute to selfless fathers of our Constitution intend to acknowledge and give tribute to selfless fathers of our Constitution intend to acknowledge and give tribute to selfless
s ss sacrifice of every men & women who devoted their only life for the acrifice of every men & women who devoted their only life for the acrifice of every men & women who devoted their only life for the acrifice of every men & women who devoted their only life for the
independence of INDIA. This announcement is intelligent, designed and independence of INDIA. This announcement is intelligent, designed and independence of INDIA. This announcement is intelligent, designed and independence of INDIA. This announcement is intelligent, designed and
purposeful. purposeful. purposeful. purposeful.

There are three chief organs outlined in this Governing volume called There are three chief organs outlined in this Governing volume called There are three chief organs outlined in this Governing volume called There are three chief organs outlined in this Governing volume called
Constitution of India Constitution of India Constitution of India Constitution of India - -- - they are Legi they are Legi they are Legi they are Legislature, the Govt and the Judiciary, and all slature, the Govt and the Judiciary, and all slature, the Govt and the Judiciary, and all slature, the Govt and the Judiciary, and all
9
these three organs derive their origin and all powers from this peoples' these three organs derive their origin and all powers from this peoples' these three organs derive their origin and all powers from this peoples' these three organs derive their origin and all powers from this peoples'
governing volume. governing volume. governing volume. governing volume.

(13) (13) (13) (13) Also, it is the case of Petitioners that, when the Honble Chief Also, it is the case of Petitioners that, when the Honble Chief Also, it is the case of Petitioners that, when the Honble Chief Also, it is the case of Petitioners that, when the Honble Chief
Justice of India Shri S H Kapadia on 15.05.2010 Justice of India Shri S H Kapadia on 15.05.2010 Justice of India Shri S H Kapadia on 15.05.2010 Justice of India Shri S H Kapadia on 15.05.2010 warned the PIL Petitioners warned the PIL Petitioners warned the PIL Petitioners warned the PIL Petitioners
that they must first issue notice to the Govt / Public authority before moving that they must first issue notice to the Govt / Public authority before moving that they must first issue notice to the Govt / Public authority before moving that they must first issue notice to the Govt / Public authority before moving
courts, and therefore, we the People expect, in principle and in equity, that if courts, and therefore, we the People expect, in principle and in equity, that if courts, and therefore, we the People expect, in principle and in equity, that if courts, and therefore, we the People expect, in principle and in equity, that if
that public authority / govt turn a blind eye to the notice and if o that public authority / govt turn a blind eye to the notice and if o that public authority / govt turn a blind eye to the notice and if o that public authority / govt turn a blind eye to the notice and if one has to ne has to ne has to ne has to
move court for justice, then this Hon'ble court will also find the occasion to move court for justice, then this Hon'ble court will also find the occasion to move court for justice, then this Hon'ble court will also find the occasion to move court for justice, then this Hon'ble court will also find the occasion to
direct that the Govt / Public authority to first effectively deal with the issue direct that the Govt / Public authority to first effectively deal with the issue direct that the Govt / Public authority to first effectively deal with the issue direct that the Govt / Public authority to first effectively deal with the issue
raised in the complaint / notice. raised in the complaint / notice. raised in the complaint / notice. raised in the complaint / notice.

(14) (14) (14) (14) The Petitioners say that recording of reaso The Petitioners say that recording of reaso The Petitioners say that recording of reaso The Petitioners say that recording of reasons will show ns will show ns will show ns will show
application of mind and probably this recording of reasons is the only application of mind and probably this recording of reasons is the only application of mind and probably this recording of reasons is the only application of mind and probably this recording of reasons is the only
remaining visible safeguard against possible misuse of powers conferred remaining visible safeguard against possible misuse of powers conferred remaining visible safeguard against possible misuse of powers conferred remaining visible safeguard against possible misuse of powers conferred
upon administrators of a nation. upon administrators of a nation. upon administrators of a nation. upon administrators of a nation.

(15) (15) (15) (15) The Petitioners seek to recall an historic incident of Ind The Petitioners seek to recall an historic incident of Ind The Petitioners seek to recall an historic incident of Ind The Petitioners seek to recall an historic incident of Indian ian ian ian
freedom struggle, occasioned with Mohandas Karamchand Gandhi (His freedom struggle, occasioned with Mohandas Karamchand Gandhi (His freedom struggle, occasioned with Mohandas Karamchand Gandhi (His freedom struggle, occasioned with Mohandas Karamchand Gandhi (His
Journey towards Mahatma). In the year 1893, when in South Africa, while Journey towards Mahatma). In the year 1893, when in South Africa, while Journey towards Mahatma). In the year 1893, when in South Africa, while Journey towards Mahatma). In the year 1893, when in South Africa, while
holding a First Class Compartment ticket and travelling in, Gandhi was thrown holding a First Class Compartment ticket and travelling in, Gandhi was thrown holding a First Class Compartment ticket and travelling in, Gandhi was thrown holding a First Class Compartment ticket and travelling in, Gandhi was thrown
out of the train, for in those times out of the train, for in those times out of the train, for in those times out of the train, for in those times Blacks were not allowed to travel in the Blacks were not allowed to travel in the Blacks were not allowed to travel in the Blacks were not allowed to travel in the
First Class Compartment, notwithstanding they hold a valid ticket. It was 9.00 First Class Compartment, notwithstanding they hold a valid ticket. It was 9.00 First Class Compartment, notwithstanding they hold a valid ticket. It was 9.00 First Class Compartment, notwithstanding they hold a valid ticket. It was 9.00
in the chill night. That designated Black sent a Telegram to the General in the chill night. That designated Black sent a Telegram to the General in the chill night. That designated Black sent a Telegram to the General in the chill night. That designated Black sent a Telegram to the General
Manager of the Railways and registered his complaint. The Manager of the Railways and registered his complaint. The Manager of the Railways and registered his complaint. The Manager of the Railways and registered his complaint. The Complaint of that Complaint of that Complaint of that Complaint of that
designated Black was attended, forthwith, the General Manager instructed designated Black was attended, forthwith, the General Manager instructed designated Black was attended, forthwith, the General Manager instructed designated Black was attended, forthwith, the General Manager instructed
the Station master to secure that complainant reaches his destination safely. the Station master to secure that complainant reaches his destination safely. the Station master to secure that complainant reaches his destination safely. the Station master to secure that complainant reaches his destination safely.
Complainant was accommodated in the very next morning train to his Complainant was accommodated in the very next morning train to his Complainant was accommodated in the very next morning train to his Complainant was accommodated in the very next morning train to his
destination. And h destination. And h destination. And h destination. And here, in the era of INDEPENDENCE and 21st Century of ere, in the era of INDEPENDENCE and 21st Century of ere, in the era of INDEPENDENCE and 21st Century of ere, in the era of INDEPENDENCE and 21st Century of
modern democracy, we have Citizens of Sovereign India, of whose complaint modern democracy, we have Citizens of Sovereign India, of whose complaint modern democracy, we have Citizens of Sovereign India, of whose complaint modern democracy, we have Citizens of Sovereign India, of whose complaint
are ordinarily, attended with great disrespect and sometimes with hostility. are ordinarily, attended with great disrespect and sometimes with hostility. are ordinarily, attended with great disrespect and sometimes with hostility. are ordinarily, attended with great disrespect and sometimes with hostility.

(16) (16) (16) (16) It is the case of the Petitioners that griev It is the case of the Petitioners that griev It is the case of the Petitioners that griev It is the case of the Petitioners that grievance of the people ance of the people ance of the people ance of the people
must be promptly and properly attended instead of waiting and allow must be promptly and properly attended instead of waiting and allow must be promptly and properly attended instead of waiting and allow must be promptly and properly attended instead of waiting and allowing ing ing ing it it it it
10
to be translated into court litigation. to be translated into court litigation. to be translated into court litigation. to be translated into court litigation.

(17) (17) (17) (17) It is the case of the Petitioners that giving of satisfactory reply It is the case of the Petitioners that giving of satisfactory reply It is the case of the Petitioners that giving of satisfactory reply It is the case of the Petitioners that giving of satisfactory reply
is a healthy discipline for all who exercise p is a healthy discipline for all who exercise p is a healthy discipline for all who exercise p is a healthy discipline for all who exercise powers over others. owers over others. owers over others. owers over others.

(18) (18) (18) (18) It is the case of the Petitioners that a complaint to State is the It is the case of the Petitioners that a complaint to State is the It is the case of the Petitioners that a complaint to State is the It is the case of the Petitioners that a complaint to State is the
most legitimate incident of a democracy. most legitimate incident of a democracy. most legitimate incident of a democracy. most legitimate incident of a democracy.

(19) (19) (19) (19) It is finally the case of the Petitioners It is finally the case of the Petitioners It is finally the case of the Petitioners It is finally the case of the Petitioners that satisfactory replies that satisfactory replies that satisfactory replies that satisfactory replies
to complaints are not of some importance but to complaints are not of some importance but to complaints are not of some importance but to complaints are not of some importance but of fundamental importance in of fundamental importance in of fundamental importance in of fundamental importance in
State Citizen relationship. State Citizen relationship. State Citizen relationship. State Citizen relationship.

And therefore, it is necessary to trace the evolution and development of law, And therefore, it is necessary to trace the evolution and development of law, And therefore, it is necessary to trace the evolution and development of law, And therefore, it is necessary to trace the evolution and development of law,
the emergence of concept of subject & the ruler, and trace the origin of the emergence of concept of subject & the ruler, and trace the origin of the emergence of concept of subject & the ruler, and trace the origin of the emergence of concept of subject & the ruler, and trace the origin of
today's concept of Citizens & the State. today's concept of Citizens & the State. today's concept of Citizens & the State. today's concept of Citizens & the State.

At t At t At t At the advent of Human Civilization, Men were Sovereign in their own, in he advent of Human Civilization, Men were Sovereign in their own, in he advent of Human Civilization, Men were Sovereign in their own, in he advent of Human Civilization, Men were Sovereign in their own, in
the sense that, they were free and were not subject to or bound by any law. the sense that, they were free and were not subject to or bound by any law. the sense that, they were free and were not subject to or bound by any law. the sense that, they were free and were not subject to or bound by any law.
Then, men were Ruled by their own conscience and not by codified laws and Then, men were Ruled by their own conscience and not by codified laws and Then, men were Ruled by their own conscience and not by codified laws and Then, men were Ruled by their own conscience and not by codified laws and
were even free to the extent of inf were even free to the extent of inf were even free to the extent of inf were even free to the extent of inflicting violence at their will & strength, i.e. licting violence at their will & strength, i.e. licting violence at their will & strength, i.e. licting violence at their will & strength, i.e.
Might is right was the scene. Men were guided by own conscience and Might is right was the scene. Men were guided by own conscience and Might is right was the scene. Men were guided by own conscience and Might is right was the scene. Men were guided by own conscience and
greed. An action not emanating from reason and the freedom to do as one greed. An action not emanating from reason and the freedom to do as one greed. An action not emanating from reason and the freedom to do as one greed. An action not emanating from reason and the freedom to do as one
pleases. pleases. pleases. pleases.

Great Philosopher Thomas Hobbes ( 1588 Great Philosopher Thomas Hobbes ( 1588 Great Philosopher Thomas Hobbes ( 1588 Great Philosopher Thomas Hobbes ( 1588- -- - 1671) says that p 1671) says that p 1671) says that p 1671) says that prior to concept of rior to concept of rior to concept of rior to concept of
Statehood, the man lived in chaotic conditions of constant fear. The life in the Statehood, the man lived in chaotic conditions of constant fear. The life in the Statehood, the man lived in chaotic conditions of constant fear. The life in the Statehood, the man lived in chaotic conditions of constant fear. The life in the
state of nature was solitary, poor nasty, brutish and short. For getting self state of nature was solitary, poor nasty, brutish and short. For getting self state of nature was solitary, poor nasty, brutish and short. For getting self state of nature was solitary, poor nasty, brutish and short. For getting self
protection and avoiding misery and pain, man voluntarily entered into a protection and avoiding misery and pain, man voluntarily entered into a protection and avoiding misery and pain, man voluntarily entered into a protection and avoiding misery and pain, man voluntarily entered into a
contra contra contra contract and surrendered their part of freedom to some might authority, who ct and surrendered their part of freedom to some might authority, who ct and surrendered their part of freedom to some might authority, who ct and surrendered their part of freedom to some might authority, who
could protect their lives and property, which emerged later on as the ruler could protect their lives and property, which emerged later on as the ruler could protect their lives and property, which emerged later on as the ruler could protect their lives and property, which emerged later on as the ruler
and which ultimately culminated into the shape of the State. and which ultimately culminated into the shape of the State. and which ultimately culminated into the shape of the State. and which ultimately culminated into the shape of the State.

With the great passage of time and centuries to With the great passage of time and centuries to With the great passage of time and centuries to With the great passage of time and centuries together, Codified laws evolved gether, Codified laws evolved gether, Codified laws evolved gether, Codified laws evolved
and were introduced in human life. Men came together, they voluntarily and were introduced in human life. Men came together, they voluntarily and were introduced in human life. Men came together, they voluntarily and were introduced in human life. Men came together, they voluntarily
surrendered their individual sovereignty to State sovereignty, and opted to surrendered their individual sovereignty to State sovereignty, and opted to surrendered their individual sovereignty to State sovereignty, and opted to surrendered their individual sovereignty to State sovereignty, and opted to
subject themselves to laws of the land, however, they were promised, in subject themselves to laws of the land, however, they were promised, in subject themselves to laws of the land, however, they were promised, in subject themselves to laws of the land, however, they were promised, in
11
return, return, return, return, the Rule of codified laws. The rule of codified laws purported to the Rule of codified laws. The rule of codified laws purported to the Rule of codified laws. The rule of codified laws purported to the Rule of codified laws. The rule of codified laws purported to
promise the safety of their life & their property and also sought to guarantee promise the safety of their life & their property and also sought to guarantee promise the safety of their life & their property and also sought to guarantee promise the safety of their life & their property and also sought to guarantee
the general dignity inherent in human person alonwith guarantee that he will the general dignity inherent in human person alonwith guarantee that he will the general dignity inherent in human person alonwith guarantee that he will the general dignity inherent in human person alonwith guarantee that he will
not be discriminated. This is how not be discriminated. This is how not be discriminated. This is how not be discriminated. This is how the ancient Social contract between Men & the ancient Social contract between Men & the ancient Social contract between Men & the ancient Social contract between Men &
State came into being. State came into being. State came into being. State came into being.

Among various definitions of State given by Scholars of law and by Among various definitions of State given by Scholars of law and by Among various definitions of State given by Scholars of law and by Among various definitions of State given by Scholars of law and by
Philosophers, this appears to be more satisfactory and convincing. It is by Philosophers, this appears to be more satisfactory and convincing. It is by Philosophers, this appears to be more satisfactory and convincing. It is by Philosophers, this appears to be more satisfactory and convincing. It is by
professor Goodhart. He defines State in terms professor Goodhart. He defines State in terms professor Goodhart. He defines State in terms professor Goodhart. He defines State in terms of its purpose. He states that of its purpose. He states that of its purpose. He states that of its purpose. He states that
the purpose of society which we call a State is to maintain peace and order the purpose of society which we call a State is to maintain peace and order the purpose of society which we call a State is to maintain peace and order the purpose of society which we call a State is to maintain peace and order
within a demarcated territory. THE MINIMUM AND ESSENTIAL PURPOSE OF within a demarcated territory. THE MINIMUM AND ESSENTIAL PURPOSE OF within a demarcated territory. THE MINIMUM AND ESSENTIAL PURPOSE OF within a demarcated territory. THE MINIMUM AND ESSENTIAL PURPOSE OF
THE STATE IS TO MAKE LIFE POSSIBLE THE STATE IS TO MAKE LIFE POSSIBLE THE STATE IS TO MAKE LIFE POSSIBLE THE STATE IS TO MAKE LIFE POSSIBLE

Hugo Grotius (1583 Hugo Grotius (1583 Hugo Grotius (1583 Hugo Grotius (1583- -- -1645) is regarded as the 1645) is regarded as the 1645) is regarded as the 1645) is regarded as the father of philosophical father of philosophical father of philosophical father of philosophical
jurisprudence. He said jurisprudence. He said jurisprudence. He said jurisprudence. He said- -- - it is the first duty of the Sovereign State to safeguard it is the first duty of the Sovereign State to safeguard it is the first duty of the Sovereign State to safeguard it is the first duty of the Sovereign State to safeguard
the citizen because State was given power only for that purpose. the citizen because State was given power only for that purpose. the citizen because State was given power only for that purpose. the citizen because State was given power only for that purpose.

And therefore, in the backdrop of this ancient social contract, every Society And therefore, in the backdrop of this ancient social contract, every Society And therefore, in the backdrop of this ancient social contract, every Society And therefore, in the backdrop of this ancient social contract, every Society
& every & every & every & every Individual Citizen has certain basic assumptions to take it for granted Individual Citizen has certain basic assumptions to take it for granted Individual Citizen has certain basic assumptions to take it for granted Individual Citizen has certain basic assumptions to take it for granted
that complaints made to State will be replied. that complaints made to State will be replied. that complaints made to State will be replied. that complaints made to State will be replied.

THE AUTHORITIES TO BE CITED THE AUTHORITIES TO BE CITED THE AUTHORITIES TO BE CITED THE AUTHORITIES TO BE CITED
1. The Constitution Of India. 1. The Constitution Of India. 1. The Constitution Of India. 1. The Constitution Of India.
2. Any High Court or Supreme court Judgment used in the Petition. In our 2. Any High Court or Supreme court Judgment used in the Petition. In our 2. Any High Court or Supreme court Judgment used in the Petition. In our 2. Any High Court or Supreme court Judgment used in the Petition. In our
constitutional scheme, the High Courts and Supreme court are courts of constitutional scheme, the High Courts and Supreme court are courts of constitutional scheme, the High Courts and Supreme court are courts of constitutional scheme, the High Courts and Supreme court are courts of
Record and orders / judgments passed by them are deemed as law of the Record and orders / judgments passed by them are deemed as law of the Record and orders / judgments passed by them are deemed as law of the Record and orders / judgments passed by them are deemed as law of the
land. And therefore, the said high court or supreme court order may also be land. And therefore, the said high court or supreme court order may also be land. And therefore, the said high court or supreme court order may also be land. And therefore, the said high court or supreme court order may also be
used as law as stated in point no.8 her used as law as stated in point no.8 her used as law as stated in point no.8 her used as law as stated in point no.8 hereinafter. einafter. einafter. einafter.

THE ACTS TO BE RELIED UPON THE ACTS TO BE RELIED UPON THE ACTS TO BE RELIED UPON THE ACTS TO BE RELIED UPON
1. The Acts/Statutes/Rules which is relied upon in your case, if any. 1. The Acts/Statutes/Rules which is relied upon in your case, if any. 1. The Acts/Statutes/Rules which is relied upon in your case, if any. 1. The Acts/Statutes/Rules which is relied upon in your case, if any.
PETITIONER NO.1, PETITIONER NO.1, PETITIONER NO.1, PETITIONER NO.1,
12
IN PERSON IN PERSON IN PERSON IN PERSON
(page D, E, F.) (page D, E, F.) (page D, E, F.) (page D, E, F.)

Court fee Stamps are to be affixed here [Rs.Two hundred & fi Court fee Stamps are to be affixed here [Rs.Two hundred & fi Court fee Stamps are to be affixed here [Rs.Two hundred & fi Court fee Stamps are to be affixed here [Rs.Two hundred & fifty] (Leave half fty] (Leave half fty] (Leave half fty] (Leave half
page space for affixing Rs.250 court fee stamp.) (Page 1 of Petition) page space for affixing Rs.250 court fee stamp.) (Page 1 of Petition) page space for affixing Rs.250 court fee stamp.) (Page 1 of Petition) page space for affixing Rs.250 court fee stamp.) (Page 1 of Petition)

13


IN THE MATTER OF IN THE MATTER OF IN THE MATTER OF IN THE MATTER OF
Article 226, of the Constitution of India Article 226, of the Constitution of India Article 226, of the Constitution of India Article 226, of the Constitution of India
AND AND AND AND
Article 14 of the Constitution of India Article 14 of the Constitution of India Article 14 of the Constitution of India Article 14 of the Constitution of India
AND AND AND AND
Unjustified and arbitrary conduct of Unjustified and arbitrary conduct of Unjustified and arbitrary conduct of Unjustified and arbitrary conduct of
Respondent herein, thereby Respondent herein, thereby Respondent herein, thereby Respondent herein, thereby
Violating fundamental right of the Violating fundamental right of the Violating fundamental right of the Violating fundamental right of the
Petitioner Petitioner Petitioner Petitioners ss s as enshrined under Article as enshrined under Article as enshrined under Article as enshrined under Article
14 of the Constitution. 14 of the Constitution. 14 of the Constitution. 14 of the Constitution.

AAAA, AAAA, AAAA, AAAA,
Complete Complete Complete Complete address address address address Petitioner(s) Petitioner(s) Petitioner(s) Petitioner(s)

Versus Versus Versus Versus

BBBB BBBB BBBB BBBB Respondent(s), Respondent(s), Respondent(s), Respondent(s),
Complete Complete Complete Complete address address address address

14
THE HONOURABLE CHIEF JUSTICE THE HONOURABLE CHIEF JUSTICE THE HONOURABLE CHIEF JUSTICE THE HONOURABLE CHIEF JUSTICE
AND OTHER PUISNE JUDGES OF AND OTHER PUISNE JUDGES OF AND OTHER PUISNE JUDGES OF AND OTHER PUISNE JUDGES OF
THE HONOURABLE HIGH COURT THE HONOURABLE HIGH COURT THE HONOURABLE HIGH COURT THE HONOURABLE HIGH COURT
OF JUDICATURE AT BOMBAY OF JUDICATURE AT BOMBAY OF JUDICATURE AT BOMBAY OF JUDICATURE AT BOMBAY

THE HUMBLE PETITION OF THE THE HUMBLE PETITION OF THE THE HUMBLE PETITION OF THE THE HUMBLE PETITION OF THE
PETITIONERS ABOVENAMED PETITIONERS ABOVENAMED PETITIONERS ABOVENAMED PETITIONERS ABOVENAMED
MOST RESPECTFULLY SHEWETH. MOST RESPECTFULLY SHEWETH. MOST RESPECTFULLY SHEWETH. MOST RESPECTFULLY SHEWETH.

1. 1. 1. 1. Brief introduction of the Petitioners and Respondents: Brief introduction of the Petitioners and Respondents: Brief introduction of the Petitioners and Respondents: Brief introduction of the Petitioners and Respondents:

2. 2. 2. 2. The grievance of the petitioner The grievance of the petitioner The grievance of the petitioner The grievance of the petitioner is that is that is that is that the Respondents herein are the Respondents herein are the Respondents herein are the Respondents herein are
exhibiting utter disregard to the complaint sent to exhibiting utter disregard to the complaint sent to exhibiting utter disregard to the complaint sent to exhibiting utter disregard to the complaint sent to them by the Petitioners them by the Petitioners them by the Petitioners them by the Petitioners
herein, thereby frustrating fundamental right of the Petitioners enshrined herein, thereby frustrating fundamental right of the Petitioners enshrined herein, thereby frustrating fundamental right of the Petitioners enshrined herein, thereby frustrating fundamental right of the Petitioners enshrined
under Article 14 of the Constitution of India. under Article 14 of the Constitution of India. under Article 14 of the Constitution of India. under Article 14 of the Constitution of India.

3. 3. 3. 3. It is the case o It is the case o It is the case o It is the case of the Petitioners that Citizens have a right to receive f the Petitioners that Citizens have a right to receive f the Petitioners that Citizens have a right to receive f the Petitioners that Citizens have a right to receive
proper reply, of the complaints made to public authorities and hereinafter proper reply, of the complaints made to public authorities and hereinafter proper reply, of the complaints made to public authorities and hereinafter proper reply, of the complaints made to public authorities and hereinafter
advances argument in support of the plea that Citizens have a Right of Reply. advances argument in support of the plea that Citizens have a Right of Reply. advances argument in support of the plea that Citizens have a Right of Reply. advances argument in support of the plea that Citizens have a Right of Reply.

4. 4. 4. 4. The The The The Petitioners humbly submit that Petitioners humbly submit that Petitioners humbly submit that Petitioners humbly submit that Cour Cour Cour Courts have insisted upon ts have insisted upon ts have insisted upon ts have insisted upon
recording reasons by administrative authorities on the premise that such a recording reasons by administrative authorities on the premise that such a recording reasons by administrative authorities on the premise that such a recording reasons by administrative authorities on the premise that such a
decision is subject to judicial review and the courts cannot exercise their decision is subject to judicial review and the courts cannot exercise their decision is subject to judicial review and the courts cannot exercise their decision is subject to judicial review and the courts cannot exercise their
duty of review unless courts are duly informed of the consideration duty of review unless courts are duly informed of the consideration duty of review unless courts are duly informed of the consideration duty of review unless courts are duly informed of the consideration
underlying the underlying the underlying the underlying the action under review. A statement of reasons serves purposes action under review. A statement of reasons serves purposes action under review. A statement of reasons serves purposes action under review. A statement of reasons serves purposes
other than judicial review inasmuch as the reasons promote thought by the other than judicial review inasmuch as the reasons promote thought by the other than judicial review inasmuch as the reasons promote thought by the other than judicial review inasmuch as the reasons promote thought by the
authority and compel it to cover the relevant points and eschew irrelevancies authority and compel it to cover the relevant points and eschew irrelevancies authority and compel it to cover the relevant points and eschew irrelevancies authority and compel it to cover the relevant points and eschew irrelevancies
and assures careful administrative conside and assures careful administrative conside and assures careful administrative conside and assures careful administrative consideration. ration. ration. ration. In this premise, In this premise, In this premise, In this premise, it is it is it is it is the the the the
case of the Petitioners that the issue which has been agitated by the case of the Petitioners that the issue which has been agitated by the case of the Petitioners that the issue which has been agitated by the case of the Petitioners that the issue which has been agitated by the
Petitioners in their complaint to the Respondents, is not still crystallized for Petitioners in their complaint to the Respondents, is not still crystallized for Petitioners in their complaint to the Respondents, is not still crystallized for Petitioners in their complaint to the Respondents, is not still crystallized for
adjudication by this Honble Court adjudication by this Honble Court adjudication by this Honble Court adjudication by this Honble Court. .. .

5 55 5. .. . The Petitioners say that facts The Petitioners say that facts The Petitioners say that facts The Petitioners say that facts leading to the filing of this Petition are leading to the filing of this Petition are leading to the filing of this Petition are leading to the filing of this Petition are
few and simple. few and simple. few and simple. few and simple.
(a) State very briefly the bare facts of the issue that has been agitated in the (a) State very briefly the bare facts of the issue that has been agitated in the (a) State very briefly the bare facts of the issue that has been agitated in the (a) State very briefly the bare facts of the issue that has been agitated in the
complaint to the Respondent herein. complaint to the Respondent herein. complaint to the Respondent herein. complaint to the Respondent herein.

(b) Give details about complai (b) Give details about complai (b) Give details about complai (b) Give details about complaint recorded to the Respondents. nt recorded to the Respondents. nt recorded to the Respondents. nt recorded to the Respondents.
15

(c) Give detai (c) Give detai (c) Give detai (c) Give details of reply, if any received from the Respondents, and state why ls of reply, if any received from the Respondents, and state why ls of reply, if any received from the Respondents, and state why ls of reply, if any received from the Respondents, and state why
the said reply was illogical and evasive and the complaint needs proper the said reply was illogical and evasive and the complaint needs proper the said reply was illogical and evasive and the complaint needs proper the said reply was illogical and evasive and the complaint needs proper
application of mind to the substantial point raised in the complaint. application of mind to the substantial point raised in the complaint. application of mind to the substantial point raised in the complaint. application of mind to the substantial point raised in the complaint.

6. 6. 6. 6. The Petitioners now advances their set of a The Petitioners now advances their set of a The Petitioners now advances their set of a The Petitioners now advances their set of arguments in support rguments in support rguments in support rguments in support
of the plea that of the plea that of the plea that of the plea that Citizens have a RIGHT OF REPLY, so as to assist this Honble Citizens have a RIGHT OF REPLY, so as to assist this Honble Citizens have a RIGHT OF REPLY, so as to assist this Honble Citizens have a RIGHT OF REPLY, so as to assist this Honble
Court to pass an appropriate Order. Court to pass an appropriate Order. Court to pass an appropriate Order. Court to pass an appropriate Order.

(A) (A) (A) (A) It is the case of the Petitioners that Citizens Right of Reply It is the case of the Petitioners that Citizens Right of Reply It is the case of the Petitioners that Citizens Right of Reply It is the case of the Petitioners that Citizens Right of Reply
can be traced to preamble and to Article 14 of th can be traced to preamble and to Article 14 of th can be traced to preamble and to Article 14 of th can be traced to preamble and to Article 14 of the Constitution of India and in e Constitution of India and in e Constitution of India and in e Constitution of India and in
numerous rulings made by our Constitutional courts. In wealth of the numerous rulings made by our Constitutional courts. In wealth of the numerous rulings made by our Constitutional courts. In wealth of the numerous rulings made by our Constitutional courts. In wealth of the
Judgments delivered by our Courts, it is repeatedly affirmed that public Judgments delivered by our Courts, it is repeatedly affirmed that public Judgments delivered by our Courts, it is repeatedly affirmed that public Judgments delivered by our Courts, it is repeatedly affirmed that public
authorities must exercise their discretionary powers in a reasoned and authorities must exercise their discretionary powers in a reasoned and authorities must exercise their discretionary powers in a reasoned and authorities must exercise their discretionary powers in a reasoned and
justified ma justified ma justified ma justified manner, failing to which leads to nner, failing to which leads to nner, failing to which leads to nner, failing to which leads to inescapable inescapable inescapable inescapable violence to Article 14 violence to Article 14 violence to Article 14 violence to Article 14
of the Constitution of India. of the Constitution of India. of the Constitution of India. of the Constitution of India.

The Petitioners submit that Citizens Right of Reply is inherent in Duty to The Petitioners submit that Citizens Right of Reply is inherent in Duty to The Petitioners submit that Citizens Right of Reply is inherent in Duty to The Petitioners submit that Citizens Right of Reply is inherent in Duty to
reasoned exercise of discretion by Public authorities, a duty which is reasoned exercise of discretion by Public authorities, a duty which is reasoned exercise of discretion by Public authorities, a duty which is reasoned exercise of discretion by Public authorities, a duty which is
consis consis consis consistently cast upon public / statutory authorities by our Constitutional tently cast upon public / statutory authorities by our Constitutional tently cast upon public / statutory authorities by our Constitutional tently cast upon public / statutory authorities by our Constitutional
Courts, in their series of judgments. The Petitioners respectfully invite the Courts, in their series of judgments. The Petitioners respectfully invite the Courts, in their series of judgments. The Petitioners respectfully invite the Courts, in their series of judgments. The Petitioners respectfully invite the
attention of this Honble Court to some Rulings. attention of this Honble Court to some Rulings. attention of this Honble Court to some Rulings. attention of this Honble Court to some Rulings.

(i) (i) (i) (i) In the words of Justice M.H.Beg, the Honble Supreme C In the words of Justice M.H.Beg, the Honble Supreme C In the words of Justice M.H.Beg, the Honble Supreme C In the words of Justice M.H.Beg, the Honble Supreme Court in the ourt in the ourt in the ourt in the
case of Union of India versus Mohanlal Capoor, reported in AIR 1974 SC 87, case of Union of India versus Mohanlal Capoor, reported in AIR 1974 SC 87, case of Union of India versus Mohanlal Capoor, reported in AIR 1974 SC 87, case of Union of India versus Mohanlal Capoor, reported in AIR 1974 SC 87,
administration has to work in people's interest, with caution and care. Its administration has to work in people's interest, with caution and care. Its administration has to work in people's interest, with caution and care. Its administration has to work in people's interest, with caution and care. Its
activities may prejudice interest of a citizen, but that causing of prejudice activities may prejudice interest of a citizen, but that causing of prejudice activities may prejudice interest of a citizen, but that causing of prejudice activities may prejudice interest of a citizen, but that causing of prejudice
must be reason must be reason must be reason must be reasoned. Recording of reasons will show application of mind and ed. Recording of reasons will show application of mind and ed. Recording of reasons will show application of mind and ed. Recording of reasons will show application of mind and
probably this recording of reasons is the only remaining visible safeguard probably this recording of reasons is the only remaining visible safeguard probably this recording of reasons is the only remaining visible safeguard probably this recording of reasons is the only remaining visible safeguard
against possible misuse of powers conferred upon administrators of a nation. against possible misuse of powers conferred upon administrators of a nation. against possible misuse of powers conferred upon administrators of a nation. against possible misuse of powers conferred upon administrators of a nation.
Reasons are the links between the materials Reasons are the links between the materials Reasons are the links between the materials Reasons are the links between the materials on which certain conclusions on which certain conclusions on which certain conclusions on which certain conclusions
are based. Therefore, when they are absent, the Court would always enforce are based. Therefore, when they are absent, the Court would always enforce are based. Therefore, when they are absent, the Court would always enforce are based. Therefore, when they are absent, the Court would always enforce
the statement of reasons to be recorded so that it can adjudicate upon the the statement of reasons to be recorded so that it can adjudicate upon the the statement of reasons to be recorded so that it can adjudicate upon the the statement of reasons to be recorded so that it can adjudicate upon the
dispute before it. dispute before it. dispute before it. dispute before it.

16
(ii) (ii) (ii) (ii) In the case of M Krishna Swamy versus UOI reported i In the case of M Krishna Swamy versus UOI reported i In the case of M Krishna Swamy versus UOI reported i In the case of M Krishna Swamy versus UOI reported in (1992) 4 SCC n (1992) 4 SCC n (1992) 4 SCC n (1992) 4 SCC
605 the Honble Supreme Court held that non 605 the Honble Supreme Court held that non 605 the Honble Supreme Court held that non 605 the Honble Supreme Court held that non- -- -recording of reasons by recording of reasons by recording of reasons by recording of reasons by
Statutory / public authority / functionary would render the decision arbitrary, Statutory / public authority / functionary would render the decision arbitrary, Statutory / public authority / functionary would render the decision arbitrary, Statutory / public authority / functionary would render the decision arbitrary,
unfair and unjust violating article 14 & 21 of the COI. Any action, decision or unfair and unjust violating article 14 & 21 of the COI. Any action, decision or unfair and unjust violating article 14 & 21 of the COI. Any action, decision or unfair and unjust violating article 14 & 21 of the COI. Any action, decision or
order of any order of any order of any order of any statutory or public authority bereft of reasoning would be statutory or public authority bereft of reasoning would be statutory or public authority bereft of reasoning would be statutory or public authority bereft of reasoning would be
arbitrary, unfair and unjust violating article 14 of the Constitution of India or arbitrary, unfair and unjust violating article 14 of the Constitution of India or arbitrary, unfair and unjust violating article 14 of the Constitution of India or arbitrary, unfair and unjust violating article 14 of the Constitution of India or
would be deemed to have been taken or arrived at by adopting unfair would be deemed to have been taken or arrived at by adopting unfair would be deemed to have been taken or arrived at by adopting unfair would be deemed to have been taken or arrived at by adopting unfair
procedure offending article 21 of Constitution procedure offending article 21 of Constitution procedure offending article 21 of Constitution procedure offending article 21 of Constitution of India. of India. of India. of India.

(iii) (iii) (iii) (iii) The SC in Travancore Rayons Ltd Vs Union of India reported in AIR 1971 The SC in Travancore Rayons Ltd Vs Union of India reported in AIR 1971 The SC in Travancore Rayons Ltd Vs Union of India reported in AIR 1971 The SC in Travancore Rayons Ltd Vs Union of India reported in AIR 1971
SC 862 observed that the necessity to give sufficient reasons which disclose SC 862 observed that the necessity to give sufficient reasons which disclose SC 862 observed that the necessity to give sufficient reasons which disclose SC 862 observed that the necessity to give sufficient reasons which disclose
proper appreciation of the problem to be solved and the mental process by proper appreciation of the problem to be solved and the mental process by proper appreciation of the problem to be solved and the mental process by proper appreciation of the problem to be solved and the mental process by
which the conclus which the conclus which the conclus which the conclusion is reached where a non judicial authority exercises a ion is reached where a non judicial authority exercises a ion is reached where a non judicial authority exercises a ion is reached where a non judicial authority exercises a
judicial function is obvious. judicial function is obvious. judicial function is obvious. judicial function is obvious.

(iv) (iv) (iv) (iv) In the case of Union of India Vs Mohan Lal Capoor reported in (1973) 2 In the case of Union of India Vs Mohan Lal Capoor reported in (1973) 2 In the case of Union of India Vs Mohan Lal Capoor reported in (1973) 2 In the case of Union of India Vs Mohan Lal Capoor reported in (1973) 2
SCC 836, the Honble Supreme Court said SCC 836, the Honble Supreme Court said SCC 836, the Honble Supreme Court said SCC 836, the Honble Supreme Court said Reasons disclose how the mind Reasons disclose how the mind Reasons disclose how the mind Reasons disclose how the mind
is applied to the is applied to the is applied to the is applied to the subject matter for a decision whether it is purely subject matter for a decision whether it is purely subject matter for a decision whether it is purely subject matter for a decision whether it is purely
administrative or quasi judicial; and reveal a rational nexus between the facts administrative or quasi judicial; and reveal a rational nexus between the facts administrative or quasi judicial; and reveal a rational nexus between the facts administrative or quasi judicial; and reveal a rational nexus between the facts
considered and conclusions reached. considered and conclusions reached. considered and conclusions reached. considered and conclusions reached.

(v) (v) (v) (v) In the case of Srilekha Vidyarthi versus State of UP reported in AIR In the case of Srilekha Vidyarthi versus State of UP reported in AIR In the case of Srilekha Vidyarthi versus State of UP reported in AIR In the case of Srilekha Vidyarthi versus State of UP reported in AIR
1991 SC 537, i 1991 SC 537, i 1991 SC 537, i 1991 SC 537, it was held by the Hon'ble SC that in order to satisfy the test of t was held by the Hon'ble SC that in order to satisfy the test of t was held by the Hon'ble SC that in order to satisfy the test of t was held by the Hon'ble SC that in order to satisfy the test of
Article 14, every State action must be informed by reasons and it follows that Article 14, every State action must be informed by reasons and it follows that Article 14, every State action must be informed by reasons and it follows that Article 14, every State action must be informed by reasons and it follows that
an act uninformed by reasons, is arbitrary and arbitrariness is the very an act uninformed by reasons, is arbitrary and arbitrariness is the very an act uninformed by reasons, is arbitrary and arbitrariness is the very an act uninformed by reasons, is arbitrary and arbitrariness is the very
negation of the Rule of Law. negation of the Rule of Law. negation of the Rule of Law. negation of the Rule of Law.

(vi) (vi) (vi) (vi) In In In In the case of Maharashtra State Board of Secondary and Higher the case of Maharashtra State Board of Secondary and Higher the case of Maharashtra State Board of Secondary and Higher the case of Maharashtra State Board of Secondary and Higher
Education versus K S Gandhi reported in (1991) 2 SCC 716, it was held by Education versus K S Gandhi reported in (1991) 2 SCC 716, it was held by Education versus K S Gandhi reported in (1991) 2 SCC 716, it was held by Education versus K S Gandhi reported in (1991) 2 SCC 716, it was held by
Honble Supreme Court that the reasons are harbinger between the mind of Honble Supreme Court that the reasons are harbinger between the mind of Honble Supreme Court that the reasons are harbinger between the mind of Honble Supreme Court that the reasons are harbinger between the mind of
the maker of the order to the controversy in ques the maker of the order to the controversy in ques the maker of the order to the controversy in ques the maker of the order to the controversy in question and the decision or tion and the decision or tion and the decision or tion and the decision or
conclusion arrived at. Reasons exclude the chances to reach arbitrary, conclusion arrived at. Reasons exclude the chances to reach arbitrary, conclusion arrived at. Reasons exclude the chances to reach arbitrary, conclusion arrived at. Reasons exclude the chances to reach arbitrary,
whimsical or capricious decision or conclusion. The reasons assure an in whimsical or capricious decision or conclusion. The reasons assure an in whimsical or capricious decision or conclusion. The reasons assure an in whimsical or capricious decision or conclusion. The reasons assure an in- -- -
built support to the conclusion/decision reached. When an order affect the built support to the conclusion/decision reached. When an order affect the built support to the conclusion/decision reached. When an order affect the built support to the conclusion/decision reached. When an order affect the
right of a c right of a c right of a c right of a citizen or a person irrespective of fact whether it is quasi judicial or itizen or a person irrespective of fact whether it is quasi judicial or itizen or a person irrespective of fact whether it is quasi judicial or itizen or a person irrespective of fact whether it is quasi judicial or
administrative order and unless the rule expressly or by necessary implication administrative order and unless the rule expressly or by necessary implication administrative order and unless the rule expressly or by necessary implication administrative order and unless the rule expressly or by necessary implication
17
excludes recording of reasons, it is implicit that the principles of natural excludes recording of reasons, it is implicit that the principles of natural excludes recording of reasons, it is implicit that the principles of natural excludes recording of reasons, it is implicit that the principles of natural
justice or fair play require justice or fair play require justice or fair play require justice or fair play require recording of germane and precise relevant reasons recording of germane and precise relevant reasons recording of germane and precise relevant reasons recording of germane and precise relevant reasons
as a part of fair procedure. Recording of reasons is also an assurance that as a part of fair procedure. Recording of reasons is also an assurance that as a part of fair procedure. Recording of reasons is also an assurance that as a part of fair procedure. Recording of reasons is also an assurance that
the authority concerned has applied its mind to the facts on record. Reasons the authority concerned has applied its mind to the facts on record. Reasons the authority concerned has applied its mind to the facts on record. Reasons the authority concerned has applied its mind to the facts on record. Reasons
also aids the Appellate or Revisional Authority to s also aids the Appellate or Revisional Authority to s also aids the Appellate or Revisional Authority to s also aids the Appellate or Revisional Authority to see whether the maker of ee whether the maker of ee whether the maker of ee whether the maker of
the order, Judgment, decree has justly meet out justice to the aggrieved the order, Judgment, decree has justly meet out justice to the aggrieved the order, Judgment, decree has justly meet out justice to the aggrieved the order, Judgment, decree has justly meet out justice to the aggrieved
person. person. person. person.

(vii) (vii) (vii) (vii) In the case of Consumer Action Group versus State of tamil Nadu, In the case of Consumer Action Group versus State of tamil Nadu, In the case of Consumer Action Group versus State of tamil Nadu, In the case of Consumer Action Group versus State of tamil Nadu,
reported in AIR 2000 SC 3060, the Honble Supreme Court said that Reasons reported in AIR 2000 SC 3060, the Honble Supreme Court said that Reasons reported in AIR 2000 SC 3060, the Honble Supreme Court said that Reasons reported in AIR 2000 SC 3060, the Honble Supreme Court said that Reasons
must must must must be recorded for exercising the powers even if the statute does not be recorded for exercising the powers even if the statute does not be recorded for exercising the powers even if the statute does not be recorded for exercising the powers even if the statute does not
expressly enjoins upon the authority to do so. expressly enjoins upon the authority to do so. expressly enjoins upon the authority to do so. expressly enjoins upon the authority to do so.

(viii) (viii) (viii) (viii) There is some Australian authority to support the need to give There is some Australian authority to support the need to give There is some Australian authority to support the need to give There is some Australian authority to support the need to give
reasons. In 1949, the High Court of Australia held that if a Minister reasons. In 1949, the High Court of Australia held that if a Minister reasons. In 1949, the High Court of Australia held that if a Minister reasons. In 1949, the High Court of Australia held that if a Minister was under was under was under was under
a duty to act in a quasi judicial manner in revoking a license the minister a duty to act in a quasi judicial manner in revoking a license the minister a duty to act in a quasi judicial manner in revoking a license the minister a duty to act in a quasi judicial manner in revoking a license the minister
would have to disclose to the licensee his reasons for wishing to do so. would have to disclose to the licensee his reasons for wishing to do so. would have to disclose to the licensee his reasons for wishing to do so. would have to disclose to the licensee his reasons for wishing to do so.
Election Importing Co. Pty Ltd versus Courtice (1949) 80 CLR 657 Election Importing Co. Pty Ltd versus Courtice (1949) 80 CLR 657 Election Importing Co. Pty Ltd versus Courtice (1949) 80 CLR 657 Election Importing Co. Pty Ltd versus Courtice (1949) 80 CLR 657

(ix) (ix) (ix) (ix) In the case of Ajantha ver In the case of Ajantha ver In the case of Ajantha ver In the case of Ajantha versus CBDT reported in 102 ITR 281 (SC), the sus CBDT reported in 102 ITR 281 (SC), the sus CBDT reported in 102 ITR 281 (SC), the sus CBDT reported in 102 ITR 281 (SC), the
Honble Supreme Court held that Recording of reasons and disclosure thereof Honble Supreme Court held that Recording of reasons and disclosure thereof Honble Supreme Court held that Recording of reasons and disclosure thereof Honble Supreme Court held that Recording of reasons and disclosure thereof
are not a mere idle formality. are not a mere idle formality. are not a mere idle formality. are not a mere idle formality.

(x) (x) (x) (x) Again, in the cases of Gautam versus reported in UOI ITR 530 (SC); Cf Again, in the cases of Gautam versus reported in UOI ITR 530 (SC); Cf Again, in the cases of Gautam versus reported in UOI ITR 530 (SC); Cf Again, in the cases of Gautam versus reported in UOI ITR 530 (SC); Cf
CIT versus Pillah reported in CIT versus Pillah reported in CIT versus Pillah reported in CIT versus Pillah reported in 63 ITR 411, 415 (SC); TRO versus gangadhar 63 ITR 411, 415 (SC); TRO versus gangadhar 63 ITR 411, 415 (SC); TRO versus gangadhar 63 ITR 411, 415 (SC); TRO versus gangadhar
reported in 234 (ITR) 188 (SC), the Honble Supreme Court said that the reported in 234 (ITR) 188 (SC), the Honble Supreme Court said that the reported in 234 (ITR) 188 (SC), the Honble Supreme Court said that the reported in 234 (ITR) 188 (SC), the Honble Supreme Court said that the
Assessing, Appellate, Revisional, and Enforcement authorities must pass Assessing, Appellate, Revisional, and Enforcement authorities must pass Assessing, Appellate, Revisional, and Enforcement authorities must pass Assessing, Appellate, Revisional, and Enforcement authorities must pass
speaking orders giving the basis for their decision. Without reasons, speaking orders giving the basis for their decision. Without reasons, speaking orders giving the basis for their decision. Without reasons, speaking orders giving the basis for their decision. Without reasons, a party a party a party a party
may speculate why the tribunal made an adverse decision and may have may speculate why the tribunal made an adverse decision and may have may speculate why the tribunal made an adverse decision and may have may speculate why the tribunal made an adverse decision and may have
difficulty in deciding whether to appeal or otherwise challenge the decision. difficulty in deciding whether to appeal or otherwise challenge the decision. difficulty in deciding whether to appeal or otherwise challenge the decision. difficulty in deciding whether to appeal or otherwise challenge the decision.
Similarly the Reviewing or Appellate Court may have difficulty in Similarly the Reviewing or Appellate Court may have difficulty in Similarly the Reviewing or Appellate Court may have difficulty in Similarly the Reviewing or Appellate Court may have difficulty in
understanding rational for a decis understanding rational for a decis understanding rational for a decis understanding rational for a decision without reasons. Absence of reasons ion without reasons. Absence of reasons ion without reasons. Absence of reasons ion without reasons. Absence of reasons
may create disturbing impression of injustice. may create disturbing impression of injustice. may create disturbing impression of injustice. may create disturbing impression of injustice.

(xi) (xi) (xi) (xi) In the case of Bharat Nidhi versus UOI reported in 92 ITR 1, it was held In the case of Bharat Nidhi versus UOI reported in 92 ITR 1, it was held In the case of Bharat Nidhi versus UOI reported in 92 ITR 1, it was held In the case of Bharat Nidhi versus UOI reported in 92 ITR 1, it was held
18
that the statutory authority must apply their own mind to the case. that the statutory authority must apply their own mind to the case. that the statutory authority must apply their own mind to the case. that the statutory authority must apply their own mind to the case.

(xii) (xii) (xii) (xii) In the case o In the case o In the case o In the case of Rasiklal versus CWT reported in 121 ITR 219, it was held f Rasiklal versus CWT reported in 121 ITR 219, it was held f Rasiklal versus CWT reported in 121 ITR 219, it was held f Rasiklal versus CWT reported in 121 ITR 219, it was held
that the statutory authority must observe this rule (of giving reasons) in its that the statutory authority must observe this rule (of giving reasons) in its that the statutory authority must observe this rule (of giving reasons) in its that the statutory authority must observe this rule (of giving reasons) in its
proper spirit; mere pretence of compliance with it would not satisfy the proper spirit; mere pretence of compliance with it would not satisfy the proper spirit; mere pretence of compliance with it would not satisfy the proper spirit; mere pretence of compliance with it would not satisfy the
requirement of law. requirement of law. requirement of law. requirement of law.

(xiii) (xiii) (xiii) (xiii) The Honble Supr The Honble Supr The Honble Supr The Honble Supreme Court in the case reported in AIR 1979 SC 429, eme Court in the case reported in AIR 1979 SC 429, eme Court in the case reported in AIR 1979 SC 429, eme Court in the case reported in AIR 1979 SC 429,
quoting Lords Halsbury quoting Lords Halsbury quoting Lords Halsbury quoting Lords Halsbury said, Discretion means when it is said that said, Discretion means when it is said that said, Discretion means when it is said that said, Discretion means when it is said that
something is to be done within the discretion of the authorities, and that something is to be done within the discretion of the authorities, and that something is to be done within the discretion of the authorities, and that something is to be done within the discretion of the authorities, and that
something is to be done according to the rules of reason and something is to be done according to the rules of reason and something is to be done according to the rules of reason and something is to be done according to the rules of reason and justice, and not justice, and not justice, and not justice, and not
according to private opinion, but according to law and not by humour. according to private opinion, but according to law and not by humour. according to private opinion, but according to law and not by humour. according to private opinion, but according to law and not by humour.

(xiv) (xiv) (xiv) (xiv) In an English case Associated Provincial Picture House Ltd Vs In an English case Associated Provincial Picture House Ltd Vs In an English case Associated Provincial Picture House Ltd Vs In an English case Associated Provincial Picture House Ltd Vs
Wednesbury Corp, LORD GREENE, MR observed that it is an established law Wednesbury Corp, LORD GREENE, MR observed that it is an established law Wednesbury Corp, LORD GREENE, MR observed that it is an established law Wednesbury Corp, LORD GREENE, MR observed that it is an established law
that a Person entrusted with that a Person entrusted with that a Person entrusted with that a Person entrusted with a discretion must direct himself properly in law. a discretion must direct himself properly in law. a discretion must direct himself properly in law. a discretion must direct himself properly in law.
He must call his own attention to the matters which he is bound to consider. He must call his own attention to the matters which he is bound to consider. He must call his own attention to the matters which he is bound to consider. He must call his own attention to the matters which he is bound to consider.
He must exclude from his considerations matters which are irrelevant to the He must exclude from his considerations matters which are irrelevant to the He must exclude from his considerations matters which are irrelevant to the He must exclude from his considerations matters which are irrelevant to the
matter that he has to consider. If he does not obey matter that he has to consider. If he does not obey matter that he has to consider. If he does not obey matter that he has to consider. If he does not obey those rules, he may truly those rules, he may truly those rules, he may truly those rules, he may truly
be said, and often is said, to be acting unreasonably. be said, and often is said, to be acting unreasonably. be said, and often is said, to be acting unreasonably. be said, and often is said, to be acting unreasonably.

(xv) (xv) (xv) (xv) An American Supreme Court Justice B. CARDOZO in his book The An American Supreme Court Justice B. CARDOZO in his book The An American Supreme Court Justice B. CARDOZO in his book The An American Supreme Court Justice B. CARDOZO in his book The
Growth of the Law, opined Growth of the Law, opined Growth of the Law, opined Growth of the Law, opined Complete freedom Complete freedom Complete freedom Complete freedom- -- - unfettered and undirected unfettered and undirected unfettered and undirected unfettered and undirected- -- -
that never is. A thousand limitatio that never is. A thousand limitatio that never is. A thousand limitatio that never is. A thousand limitations ns ns ns- -- - the product some of statute, some of the product some of statute, some of the product some of statute, some of the product some of statute, some of
precedent, some of vague tradition or of an immemorial technique precedent, some of vague tradition or of an immemorial technique precedent, some of vague tradition or of an immemorial technique precedent, some of vague tradition or of an immemorial technique- -- -
encompass and hedge us even when we think of ourselves as ranging freely encompass and hedge us even when we think of ourselves as ranging freely encompass and hedge us even when we think of ourselves as ranging freely encompass and hedge us even when we think of ourselves as ranging freely
and at large. and at large. and at large. and at large.

(xvi) (xvi) (xvi) (xvi) Justice RAND in a Canadian case observed that in Publi Justice RAND in a Canadian case observed that in Publi Justice RAND in a Canadian case observed that in Publi Justice RAND in a Canadian case observed that in Public Regulations c Regulations c Regulations c Regulations
there is no such thing as absolute and untrammelled discretion, that is that there is no such thing as absolute and untrammelled discretion, that is that there is no such thing as absolute and untrammelled discretion, that is that there is no such thing as absolute and untrammelled discretion, that is that
action can be taken on any ground for any reason that can be suggested to action can be taken on any ground for any reason that can be suggested to action can be taken on any ground for any reason that can be suggested to action can be taken on any ground for any reason that can be suggested to
the mind of the administrator. the mind of the administrator. the mind of the administrator. the mind of the administrator.

(xvii) (xvii) (xvii) (xvii) In the case of Ramdas Shriniwas Nayak V Union of Uni In the case of Ramdas Shriniwas Nayak V Union of Uni In the case of Ramdas Shriniwas Nayak V Union of Uni In the case of Ramdas Shriniwas Nayak V Union of Union reported in on reported in on reported in on reported in
AIR 1995 BOM 235, the Honble Bombay high Court, quoting the words of AIR 1995 BOM 235, the Honble Bombay high Court, quoting the words of AIR 1995 BOM 235, the Honble Bombay high Court, quoting the words of AIR 1995 BOM 235, the Honble Bombay high Court, quoting the words of
19
LORD CAIRNS, said, Where a power is deposited with a Public officer for the LORD CAIRNS, said, Where a power is deposited with a Public officer for the LORD CAIRNS, said, Where a power is deposited with a Public officer for the LORD CAIRNS, said, Where a power is deposited with a Public officer for the
purpose of being used for the benefit of persons who are specifically pointed purpose of being used for the benefit of persons who are specifically pointed purpose of being used for the benefit of persons who are specifically pointed purpose of being used for the benefit of persons who are specifically pointed
out, and with re out, and with re out, and with re out, and with regard to whom a definition is supplied of the condition upon gard to whom a definition is supplied of the condition upon gard to whom a definition is supplied of the condition upon gard to whom a definition is supplied of the condition upon
which they are entitled, the power ought to be exercised, and the court will which they are entitled, the power ought to be exercised, and the court will which they are entitled, the power ought to be exercised, and the court will which they are entitled, the power ought to be exercised, and the court will
require it to be exercised. require it to be exercised. require it to be exercised. require it to be exercised.

(xviii) (xviii) (xviii) (xviii) In the case of U.P. State Road Transport Corporation V Mohd Ismail In the case of U.P. State Road Transport Corporation V Mohd Ismail In the case of U.P. State Road Transport Corporation V Mohd Ismail In the case of U.P. State Road Transport Corporation V Mohd Ismail
reported in (1 reported in (1 reported in (1 reported in (1991) 3 SCC 239, the Honble Supreme Court viewed that when 991) 3 SCC 239, the Honble Supreme Court viewed that when 991) 3 SCC 239, the Honble Supreme Court viewed that when 991) 3 SCC 239, the Honble Supreme Court viewed that when
statute confers discretion on a holder of public office that should be statute confers discretion on a holder of public office that should be statute confers discretion on a holder of public office that should be statute confers discretion on a holder of public office that should be
exercised reasonable and rationally. exercised reasonable and rationally. exercised reasonable and rationally. exercised reasonable and rationally.

(xix) (xix) (xix) (xix) In Breen Vs Amalgamated Engineering Union, LORD DENNING MR, In Breen Vs Amalgamated Engineering Union, LORD DENNING MR, In Breen Vs Amalgamated Engineering Union, LORD DENNING MR, In Breen Vs Amalgamated Engineering Union, LORD DENNING MR,
observed that the giv observed that the giv observed that the giv observed that the giving of reasons is one of the fundamentals of good ing of reasons is one of the fundamentals of good ing of reasons is one of the fundamentals of good ing of reasons is one of the fundamentals of good
administration. administration. administration. administration.

(xx) (xx) (xx) (xx) English Judge LORD HUDSON in the landmark Padfields Case was of English Judge LORD HUDSON in the landmark Padfields Case was of English Judge LORD HUDSON in the landmark Padfields Case was of English Judge LORD HUDSON in the landmark Padfields Case was of
the view that although it is true that the Minister is not bound to give his the view that although it is true that the Minister is not bound to give his the view that although it is true that the Minister is not bound to give his the view that although it is true that the Minister is not bound to give his
reasons for refusing to exercise his disc reasons for refusing to exercise his disc reasons for refusing to exercise his disc reasons for refusing to exercise his discretion, yet when the circumstances retion, yet when the circumstances retion, yet when the circumstances retion, yet when the circumstances
indicates a genuine complaint for which the appropriate remedy is provided, indicates a genuine complaint for which the appropriate remedy is provided, indicates a genuine complaint for which the appropriate remedy is provided, indicates a genuine complaint for which the appropriate remedy is provided,
the Minister would not escape from the possibility of control by Mandamus the Minister would not escape from the possibility of control by Mandamus the Minister would not escape from the possibility of control by Mandamus the Minister would not escape from the possibility of control by Mandamus
(a Writ) for adopting a negative attitude without explanation. Padfield (a Writ) for adopting a negative attitude without explanation. Padfield (a Writ) for adopting a negative attitude without explanation. Padfield (a Writ) for adopting a negative attitude without explanation. Padfield Vs Vs Vs Vs
Minister of Agriculture, Fisheries and Food [1968] AC 997; [1968] 1 ALL ER 694. Minister of Agriculture, Fisheries and Food [1968] AC 997; [1968] 1 ALL ER 694. Minister of Agriculture, Fisheries and Food [1968] AC 997; [1968] 1 ALL ER 694. Minister of Agriculture, Fisheries and Food [1968] AC 997; [1968] 1 ALL ER 694.

(xxi) (xxi) (xxi) (xxi) In the case of The Siemens Engineering & Manufacturing Co. of India In the case of The Siemens Engineering & Manufacturing Co. of India In the case of The Siemens Engineering & Manufacturing Co. of India In the case of The Siemens Engineering & Manufacturing Co. of India
Ltd Vs The Union of India reported in AIR 1976 SC 1785, the Honble Supreme Ltd Vs The Union of India reported in AIR 1976 SC 1785, the Honble Supreme Ltd Vs The Union of India reported in AIR 1976 SC 1785, the Honble Supreme Ltd Vs The Union of India reported in AIR 1976 SC 1785, the Honble Supreme
Court held and said t Court held and said t Court held and said t Court held and said that due to proliferation of administrative law, hat due to proliferation of administrative law, hat due to proliferation of administrative law, hat due to proliferation of administrative law,
administrative authorities are in some kind of cases replacing courts of law administrative authorities are in some kind of cases replacing courts of law administrative authorities are in some kind of cases replacing courts of law administrative authorities are in some kind of cases replacing courts of law
and that has made all the more necessary that such authorities should and that has made all the more necessary that such authorities should and that has made all the more necessary that such authorities should and that has made all the more necessary that such authorities should
accord fair and proper hearing to the persons sought to be a accord fair and proper hearing to the persons sought to be a accord fair and proper hearing to the persons sought to be a accord fair and proper hearing to the persons sought to be affected by their ffected by their ffected by their ffected by their
orders and give sufficiently clear and explicit reasons in support of the orders orders and give sufficiently clear and explicit reasons in support of the orders orders and give sufficiently clear and explicit reasons in support of the orders orders and give sufficiently clear and explicit reasons in support of the orders
made by them. made by them. made by them. made by them.

(xxii) (xxii) (xxii) (xxii) In the case of Maneka Gandhi Vs Union of India reported in AIR 1978 In the case of Maneka Gandhi Vs Union of India reported in AIR 1978 In the case of Maneka Gandhi Vs Union of India reported in AIR 1978 In the case of Maneka Gandhi Vs Union of India reported in AIR 1978
SC 597 at page 613, the Honble Supreme Court held that the reasons SC 597 at page 613, the Honble Supreme Court held that the reasons SC 597 at page 613, the Honble Supreme Court held that the reasons SC 597 at page 613, the Honble Supreme Court held that the reasons if if if if
disclosed would be open to judicial scrutiny for ascertaining their nexus with disclosed would be open to judicial scrutiny for ascertaining their nexus with disclosed would be open to judicial scrutiny for ascertaining their nexus with disclosed would be open to judicial scrutiny for ascertaining their nexus with
20
the order, the refusal to disclose the reasons would equally be open to the the order, the refusal to disclose the reasons would equally be open to the the order, the refusal to disclose the reasons would equally be open to the the order, the refusal to disclose the reasons would equally be open to the
scrutiny of the Court. scrutiny of the Court. scrutiny of the Court. scrutiny of the Court.

(xxiii) (xxiii) (xxiii) (xxiii) In the case of Madhya Pradesh Industries Ltd Vs Union of India In the case of Madhya Pradesh Industries Ltd Vs Union of India In the case of Madhya Pradesh Industries Ltd Vs Union of India In the case of Madhya Pradesh Industries Ltd Vs Union of India
r rr reported in AIR 1966 SC 671, the Honble Supreme Court, Justice SUBBA RAO eported in AIR 1966 SC 671, the Honble Supreme Court, Justice SUBBA RAO eported in AIR 1966 SC 671, the Honble Supreme Court, Justice SUBBA RAO eported in AIR 1966 SC 671, the Honble Supreme Court, Justice SUBBA RAO
in a dissenting judgment once observed that if tribunals can make orders in a dissenting judgment once observed that if tribunals can make orders in a dissenting judgment once observed that if tribunals can make orders in a dissenting judgment once observed that if tribunals can make orders
without giving reasons, the said powers in the hands of unscrupulous or without giving reasons, the said powers in the hands of unscrupulous or without giving reasons, the said powers in the hands of unscrupulous or without giving reasons, the said powers in the hands of unscrupulous or
dishonest officers may turn out to be dishonest officers may turn out to be dishonest officers may turn out to be dishonest officers may turn out to be a potent weapon for abuse of power. a potent weapon for abuse of power. a potent weapon for abuse of power. a potent weapon for abuse of power.
But if reasons for an order are given it will be an effective restraint on such But if reasons for an order are given it will be an effective restraint on such But if reasons for an order are given it will be an effective restraint on such But if reasons for an order are given it will be an effective restraint on such
abuse. abuse. abuse. abuse.

(xxiv) (xxiv) (xxiv) (xxiv) In the case of Harinagar Sugar Mills Ltd Vs Shyam Sunder In the case of Harinagar Sugar Mills Ltd Vs Shyam Sunder In the case of Harinagar Sugar Mills Ltd Vs Shyam Sunder In the case of Harinagar Sugar Mills Ltd Vs Shyam Sunder
Jhunjhunwala reported in AIR 1961 SC 1669, the Honble Supreme Cour Jhunjhunwala reported in AIR 1961 SC 1669, the Honble Supreme Cour Jhunjhunwala reported in AIR 1961 SC 1669, the Honble Supreme Cour Jhunjhunwala reported in AIR 1961 SC 1669, the Honble Supreme Court held t held t held t held
that the quasi judicial authorities are enjoined with the duty and that the quasi judicial authorities are enjoined with the duty and that the quasi judicial authorities are enjoined with the duty and that the quasi judicial authorities are enjoined with the duty and
responsibility to see to it that in adjudicating upon proceedings which come responsibility to see to it that in adjudicating upon proceedings which come responsibility to see to it that in adjudicating upon proceedings which come responsibility to see to it that in adjudicating upon proceedings which come
up before them they pass properly reasoned orders so that those who are up before them they pass properly reasoned orders so that those who are up before them they pass properly reasoned orders so that those who are up before them they pass properly reasoned orders so that those who are
affected by such orders are assur affected by such orders are assur affected by such orders are assur affected by such orders are assured that their case have received proper ed that their case have received proper ed that their case have received proper ed that their case have received proper
consideration at the hands of the said authorities and that such decisions consideration at the hands of the said authorities and that such decisions consideration at the hands of the said authorities and that such decisions consideration at the hands of the said authorities and that such decisions
have been reached according to law and have not been the result of caprice, have been reached according to law and have not been the result of caprice, have been reached according to law and have not been the result of caprice, have been reached according to law and have not been the result of caprice,
whim or fancy and have been reached on ground of policy or expedi whim or fancy and have been reached on ground of policy or expedi whim or fancy and have been reached on ground of policy or expedi whim or fancy and have been reached on ground of policy or expediency. ency. ency. ency.

(xxv) (xxv) (xxv) (xxv) In the case of Govt of India Vs Maxim A Lobo reported in (1991) 190 ITR In the case of Govt of India Vs Maxim A Lobo reported in (1991) 190 ITR In the case of Govt of India Vs Maxim A Lobo reported in (1991) 190 ITR In the case of Govt of India Vs Maxim A Lobo reported in (1991) 190 ITR
101, it was held that an order of Quasi Judicial nature without reasons is a 101, it was held that an order of Quasi Judicial nature without reasons is a 101, it was held that an order of Quasi Judicial nature without reasons is a 101, it was held that an order of Quasi Judicial nature without reasons is a
wholly defective order in the eyes of law. wholly defective order in the eyes of law. wholly defective order in the eyes of law. wholly defective order in the eyes of law.

(xxvi) (xxvi) (xxvi) (xxvi) In the case reported in AIR 1983 P & H 87 In the case reported in AIR 1983 P & H 87 In the case reported in AIR 1983 P & H 87 In the case reported in AIR 1983 P & H 87., the Punjab High Court ., the Punjab High Court ., the Punjab High Court ., the Punjab High Court
observed that abuse has an element of lack of bonafides so as to cause observed that abuse has an element of lack of bonafides so as to cause observed that abuse has an element of lack of bonafides so as to cause observed that abuse has an element of lack of bonafides so as to cause
harm to one or undeservedly benefiting another. harm to one or undeservedly benefiting another. harm to one or undeservedly benefiting another. harm to one or undeservedly benefiting another.

(xxvii) (xxvii) (xxvii) (xxvii) In the case of Balraj Taneja V Sunil Madan, it was observed that a In the case of Balraj Taneja V Sunil Madan, it was observed that a In the case of Balraj Taneja V Sunil Madan, it was observed that a In the case of Balraj Taneja V Sunil Madan, it was observed that a
Judgment/ Order must be a self cont Judgment/ Order must be a self cont Judgment/ Order must be a self cont Judgment/ Order must be a self contained document from which it should ained document from which it should ained document from which it should ained document from which it should
appear as to what were the facts of the case and what was the controversy appear as to what were the facts of the case and what was the controversy appear as to what were the facts of the case and what was the controversy appear as to what were the facts of the case and what was the controversy
which was tried to be settled by the Court. The process of reasoning by which was tried to be settled by the Court. The process of reasoning by which was tried to be settled by the Court. The process of reasoning by which was tried to be settled by the Court. The process of reasoning by
which Court came to a particular conclusion and decreed or dismissed the which Court came to a particular conclusion and decreed or dismissed the which Court came to a particular conclusion and decreed or dismissed the which Court came to a particular conclusion and decreed or dismissed the
s ss suit should clearly be reflected in the Judgment/Order. uit should clearly be reflected in the Judgment/Order. uit should clearly be reflected in the Judgment/Order. uit should clearly be reflected in the Judgment/Order.
21

(xxviii) (xxviii) (xxviii) (xxviii) In the case of Schedule Caste and Weaker Sections Welfare In the case of Schedule Caste and Weaker Sections Welfare In the case of Schedule Caste and Weaker Sections Welfare In the case of Schedule Caste and Weaker Sections Welfare
Association (Regd) versus State of Karnataka reported in AIR 1991 SC 1117, it Association (Regd) versus State of Karnataka reported in AIR 1991 SC 1117, it Association (Regd) versus State of Karnataka reported in AIR 1991 SC 1117, it Association (Regd) versus State of Karnataka reported in AIR 1991 SC 1117, it
was observed by the Honble Supreme Court that it is was observed by the Honble Supreme Court that it is was observed by the Honble Supreme Court that it is was observed by the Honble Supreme Court that it is one of the fundamental one of the fundamental one of the fundamental one of the fundamental
rules of our constitutional set up that every citizen is protected against rules of our constitutional set up that every citizen is protected against rules of our constitutional set up that every citizen is protected against rules of our constitutional set up that every citizen is protected against
exercise of arbitrary authority by the State or its officers. An order becomes exercise of arbitrary authority by the State or its officers. An order becomes exercise of arbitrary authority by the State or its officers. An order becomes exercise of arbitrary authority by the State or its officers. An order becomes
arbitrary when there is absence of adequate reasons for such decision. arbitrary when there is absence of adequate reasons for such decision. arbitrary when there is absence of adequate reasons for such decision. arbitrary when there is absence of adequate reasons for such decision.

(xxix (xxix (xxix (xxix) The Supreme Court in the case of State of Orissa V Dr(miss) Binapani ) The Supreme Court in the case of State of Orissa V Dr(miss) Binapani ) The Supreme Court in the case of State of Orissa V Dr(miss) Binapani ) The Supreme Court in the case of State of Orissa V Dr(miss) Binapani
Dei reported in AIR 1967 SC 1269, observed that if there is power to decide Dei reported in AIR 1967 SC 1269, observed that if there is power to decide Dei reported in AIR 1967 SC 1269, observed that if there is power to decide Dei reported in AIR 1967 SC 1269, observed that if there is power to decide
and determine to the prejudice of a person, duty to act judicially is implicit in and determine to the prejudice of a person, duty to act judicially is implicit in and determine to the prejudice of a person, duty to act judicially is implicit in and determine to the prejudice of a person, duty to act judicially is implicit in
the exercise of such power the exercise of such power the exercise of such power the exercise of such power. If the essentials of Justice be ignored and an . If the essentials of Justice be ignored and an . If the essentials of Justice be ignored and an . If the essentials of Justice be ignored and an
order to the prejudice of a person is made, the order is a nullity. order to the prejudice of a person is made, the order is a nullity. order to the prejudice of a person is made, the order is a nullity. order to the prejudice of a person is made, the order is a nullity.

The Petitioners say that Public authorities, in their assumed unfettered The Petitioners say that Public authorities, in their assumed unfettered The Petitioners say that Public authorities, in their assumed unfettered The Petitioners say that Public authorities, in their assumed unfettered
discretion, may decide discretion, may decide discretion, may decide discretion, may decide right or wrong, but I think, even in th right or wrong, but I think, even in th right or wrong, but I think, even in th right or wrong, but I think, even in their assumed eir assumed eir assumed eir assumed
unfettered discretion, they have no discretion to say unfettered discretion, they have no discretion to say unfettered discretion, they have no discretion to say unfettered discretion, they have no discretion to say I will not even reply to I will not even reply to I will not even reply to I will not even reply to
your notice / complaint. And when their replies are devoid of reasoning, it is your notice / complaint. And when their replies are devoid of reasoning, it is your notice / complaint. And when their replies are devoid of reasoning, it is your notice / complaint. And when their replies are devoid of reasoning, it is
as good as no reply. as good as no reply. as good as no reply. as good as no reply.

(B) (B) (B) (B) It is the case of the Petitioners that when the Courts, It is the case of the Petitioners that when the Courts, It is the case of the Petitioners that when the Courts, It is the case of the Petitioners that when the Courts, in their in their in their in their
wealth of judgments, lay so much emphasize on recording of reasons by wealth of judgments, lay so much emphasize on recording of reasons by wealth of judgments, lay so much emphasize on recording of reasons by wealth of judgments, lay so much emphasize on recording of reasons by
public authorities, in the discharge of their duties even when administrative public authorities, in the discharge of their duties even when administrative public authorities, in the discharge of their duties even when administrative public authorities, in the discharge of their duties even when administrative
in nature, the recording of reason in their decision itself presupposes the in nature, the recording of reason in their decision itself presupposes the in nature, the recording of reason in their decision itself presupposes the in nature, the recording of reason in their decision itself presupposes the
obligation of giving re obligation of giving re obligation of giving re obligation of giving reply, and not only a mere reply but a reasoned reply. It ply, and not only a mere reply but a reasoned reply. It ply, and not only a mere reply but a reasoned reply. It ply, and not only a mere reply but a reasoned reply. It
cannot be said that cannot be said that cannot be said that cannot be said that whereas authorities are under obligation to make whereas authorities are under obligation to make whereas authorities are under obligation to make whereas authorities are under obligation to make
reasoned reply but they are at liberty to not to make any reply. reasoned reply but they are at liberty to not to make any reply. reasoned reply but they are at liberty to not to make any reply. reasoned reply but they are at liberty to not to make any reply.

(C) (C) (C) (C) It is the case of the Petitioners that in wealth of judgme It is the case of the Petitioners that in wealth of judgme It is the case of the Petitioners that in wealth of judgme It is the case of the Petitioners that in wealth of judgments, the nts, the nts, the nts, the
Courts have insisted upon recording reasons by administrative authorities on Courts have insisted upon recording reasons by administrative authorities on Courts have insisted upon recording reasons by administrative authorities on Courts have insisted upon recording reasons by administrative authorities on
the premise that such a decision is subject to judicial review and the courts the premise that such a decision is subject to judicial review and the courts the premise that such a decision is subject to judicial review and the courts the premise that such a decision is subject to judicial review and the courts
cannot exercise their duty of review unless courts are duly informed of the cannot exercise their duty of review unless courts are duly informed of the cannot exercise their duty of review unless courts are duly informed of the cannot exercise their duty of review unless courts are duly informed of the
consideration un consideration un consideration un consideration underlying the action under review. A statement of reasons derlying the action under review. A statement of reasons derlying the action under review. A statement of reasons derlying the action under review. A statement of reasons
serves purposes other than judicial review inasmuch as the reasons promote serves purposes other than judicial review inasmuch as the reasons promote serves purposes other than judicial review inasmuch as the reasons promote serves purposes other than judicial review inasmuch as the reasons promote
thought by the authority and compel it to cover the relevant points and thought by the authority and compel it to cover the relevant points and thought by the authority and compel it to cover the relevant points and thought by the authority and compel it to cover the relevant points and
eschew irrelevancies and assures careful administr eschew irrelevancies and assures careful administr eschew irrelevancies and assures careful administr eschew irrelevancies and assures careful administrative consideration. ative consideration. ative consideration. ative consideration.
22

(D) (D) (D) (D) The Petitioners now takes this Honble Court to the case of The Petitioners now takes this Honble Court to the case of The Petitioners now takes this Honble Court to the case of The Petitioners now takes this Honble Court to the case of
Salem Advocates Bar Association, Tamilnadu Vs. Union of India (UOI), (2005) Salem Advocates Bar Association, Tamilnadu Vs. Union of India (UOI), (2005) Salem Advocates Bar Association, Tamilnadu Vs. Union of India (UOI), (2005) Salem Advocates Bar Association, Tamilnadu Vs. Union of India (UOI), (2005)
6 SCC 344, wherein the Hon'ble Supreme Court, among other things, said 6 SCC 344, wherein the Hon'ble Supreme Court, among other things, said 6 SCC 344, wherein the Hon'ble Supreme Court, among other things, said 6 SCC 344, wherein the Hon'ble Supreme Court, among other things, said - -- -
Judicial notice can Judicial notice can Judicial notice can Judicial notice can be taken of the fact that in a large number of cases either be taken of the fact that in a large number of cases either be taken of the fact that in a large number of cases either be taken of the fact that in a large number of cases either
the notice is not replied to or in the few cases where a reply is sent, it is the notice is not replied to or in the few cases where a reply is sent, it is the notice is not replied to or in the few cases where a reply is sent, it is the notice is not replied to or in the few cases where a reply is sent, it is
generally vague and evasive. It not only gives rise to avoidable litigation but generally vague and evasive. It not only gives rise to avoidable litigation but generally vague and evasive. It not only gives rise to avoidable litigation but generally vague and evasive. It not only gives rise to avoidable litigation but
also results in heavy expenses and co also results in heavy expenses and co also results in heavy expenses and co also results in heavy expenses and costs to the exchequer as well. sts to the exchequer as well. sts to the exchequer as well. sts to the exchequer as well.

A proper reply can result in reduction of litigation between the State and the A proper reply can result in reduction of litigation between the State and the A proper reply can result in reduction of litigation between the State and the A proper reply can result in reduction of litigation between the State and the
citizens. In case a proper reply is sent, either the claim in the notice may be citizens. In case a proper reply is sent, either the claim in the notice may be citizens. In case a proper reply is sent, either the claim in the notice may be citizens. In case a proper reply is sent, either the claim in the notice may be
admitted or the area of controversy curtailed, or the citizen may admitted or the area of controversy curtailed, or the citizen may admitted or the area of controversy curtailed, or the citizen may admitted or the area of controversy curtailed, or the citizen may be satisfied be satisfied be satisfied be satisfied
on knowing the stand of the State. on knowing the stand of the State. on knowing the stand of the State. on knowing the stand of the State.

In the above case strict duty is cast upon the Public authorities to make In the above case strict duty is cast upon the Public authorities to make In the above case strict duty is cast upon the Public authorities to make In the above case strict duty is cast upon the Public authorities to make
proper replies if they happen to receive any statutory notice, either under proper replies if they happen to receive any statutory notice, either under proper replies if they happen to receive any statutory notice, either under proper replies if they happen to receive any statutory notice, either under
section 80 of CPC 1908, or under any other statute. The section 80 of CPC 1908, or under any other statute. The section 80 of CPC 1908, or under any other statute. The section 80 of CPC 1908, or under any other statute. The Petitioners, thus say Petitioners, thus say Petitioners, thus say Petitioners, thus say
that when a law recognizes a duty, correspondingly, law also recognizes a that when a law recognizes a duty, correspondingly, law also recognizes a that when a law recognizes a duty, correspondingly, law also recognizes a that when a law recognizes a duty, correspondingly, law also recognizes a
right. right. right. right.

(E) (E) (E) (E) When, in the case of M Krishna Swamy versus UOI reported in When, in the case of M Krishna Swamy versus UOI reported in When, in the case of M Krishna Swamy versus UOI reported in When, in the case of M Krishna Swamy versus UOI reported in
(1992) 4 SCC 605, the Honble Supreme Court held that any action, decision (1992) 4 SCC 605, the Honble Supreme Court held that any action, decision (1992) 4 SCC 605, the Honble Supreme Court held that any action, decision (1992) 4 SCC 605, the Honble Supreme Court held that any action, decision
or order of or order of or order of or order of any statutory or public authority bereft of reasoning would be any statutory or public authority bereft of reasoning would be any statutory or public authority bereft of reasoning would be any statutory or public authority bereft of reasoning would be
arbitrary, unfair and unjust violating article 14 of the Constitution of India, arbitrary, unfair and unjust violating article 14 of the Constitution of India, arbitrary, unfair and unjust violating article 14 of the Constitution of India, arbitrary, unfair and unjust violating article 14 of the Constitution of India,
then, it is the case of the Petitioners that non then, it is the case of the Petitioners that non then, it is the case of the Petitioners that non then, it is the case of the Petitioners that non- -- -reply of any complaint received reply of any complaint received reply of any complaint received reply of any complaint received
by any public /statutory author by any public /statutory author by any public /statutory author by any public /statutory authority, is a positive act of omission, an arbitrary, ity, is a positive act of omission, an arbitrary, ity, is a positive act of omission, an arbitrary, ity, is a positive act of omission, an arbitrary,
unfair and unjustified decision of that public / statutory authority to not to unfair and unjustified decision of that public / statutory authority to not to unfair and unjustified decision of that public / statutory authority to not to unfair and unjustified decision of that public / statutory authority to not to
make a reply, thereby frustrating citizens fundamental right enshrined under make a reply, thereby frustrating citizens fundamental right enshrined under make a reply, thereby frustrating citizens fundamental right enshrined under make a reply, thereby frustrating citizens fundamental right enshrined under

(F) (F) (F) (F) When, in the case of Srilekha When, in the case of Srilekha When, in the case of Srilekha When, in the case of Srilekha Vidyarthi versus State of UP Vidyarthi versus State of UP Vidyarthi versus State of UP Vidyarthi versus State of UP
reported in AIR 1991 SC 537, it was held by the Hon'ble SC that in order to reported in AIR 1991 SC 537, it was held by the Hon'ble SC that in order to reported in AIR 1991 SC 537, it was held by the Hon'ble SC that in order to reported in AIR 1991 SC 537, it was held by the Hon'ble SC that in order to
satisfy the test of Article 14, every State action must be informed by reasons satisfy the test of Article 14, every State action must be informed by reasons satisfy the test of Article 14, every State action must be informed by reasons satisfy the test of Article 14, every State action must be informed by reasons
and that an act uninformed by reasons, is arbitrary, and arbitrariness and that an act uninformed by reasons, is arbitrary, and arbitrariness and that an act uninformed by reasons, is arbitrary, and arbitrariness and that an act uninformed by reasons, is arbitrary, and arbitrariness is the is the is the is the
very negation of the Rule of Law, it is the case of the Petitioners that non very negation of the Rule of Law, it is the case of the Petitioners that non very negation of the Rule of Law, it is the case of the Petitioners that non very negation of the Rule of Law, it is the case of the Petitioners that non- -- -
23
reply of any complaint received by State, is an act of omission of the State reply of any complaint received by State, is an act of omission of the State reply of any complaint received by State, is an act of omission of the State reply of any complaint received by State, is an act of omission of the State
not informed by reason and thus arbitrary, and thus does not pass the test of not informed by reason and thus arbitrary, and thus does not pass the test of not informed by reason and thus arbitrary, and thus does not pass the test of not informed by reason and thus arbitrary, and thus does not pass the test of

(G) (G) (G) (G) Similarly, when, in the case of Union of India Vs Mohan Lal Similarly, when, in the case of Union of India Vs Mohan Lal Similarly, when, in the case of Union of India Vs Mohan Lal Similarly, when, in the case of Union of India Vs Mohan Lal
Capoor reported in (1973) 2 SCC 836, the Honble Supreme Court said Capoor reported in (1973) 2 SCC 836, the Honble Supreme Court said Capoor reported in (1973) 2 SCC 836, the Honble Supreme Court said Capoor reported in (1973) 2 SCC 836, the Honble Supreme Court said
Reasons disclose how the mind is applied to the subject matter for a Reasons disclose how the mind is applied to the subject matter for a Reasons disclose how the mind is applied to the subject matter for a Reasons disclose how the mind is applied to the subject matter for a
decision whether it is purely administrative or quasi j decision whether it is purely administrative or quasi j decision whether it is purely administrative or quasi j decision whether it is purely administrative or quasi judicial; and reveal a udicial; and reveal a udicial; and reveal a udicial; and reveal a
rational nexus between the facts considered and conclusions reached, it is rational nexus between the facts considered and conclusions reached, it is rational nexus between the facts considered and conclusions reached, it is rational nexus between the facts considered and conclusions reached, it is
the case of the Petitioners that non the case of the Petitioners that non the case of the Petitioners that non the case of the Petitioners that non- -- -reply of any complaint received by any reply of any complaint received by any reply of any complaint received by any reply of any complaint received by any
public /statutory authority implies that although mind was applied to the public /statutory authority implies that although mind was applied to the public /statutory authority implies that although mind was applied to the public /statutory authority implies that although mind was applied to the
complaint complaint complaint complaint but arbitrary decision was taken by the administrative authority but arbitrary decision was taken by the administrative authority but arbitrary decision was taken by the administrative authority but arbitrary decision was taken by the administrative authority
that no reply should be made. that no reply should be made. that no reply should be made. that no reply should be made.

(I) (I) (I) (I) The Petitioners say that even our Constitution of India give so The Petitioners say that even our Constitution of India give so The Petitioners say that even our Constitution of India give so The Petitioners say that even our Constitution of India give so
much importance to the people of India. In our vast, beautiful, geographical much importance to the people of India. In our vast, beautiful, geographical much importance to the people of India. In our vast, beautiful, geographical much importance to the people of India. In our vast, beautiful, geographical
landscape of landscape of landscape of landscape of Independent INDIA, i.e. Bhaarat, the Constitution of INDIA, Independent INDIA, i.e. Bhaarat, the Constitution of INDIA, Independent INDIA, i.e. Bhaarat, the Constitution of INDIA, Independent INDIA, i.e. Bhaarat, the Constitution of INDIA,
which came into existence on 26th January 1950, is the supreme & which came into existence on 26th January 1950, is the supreme & which came into existence on 26th January 1950, is the supreme & which came into existence on 26th January 1950, is the supreme &
fundamental governing volume. fundamental governing volume. fundamental governing volume. fundamental governing volume.

This epic governing volume makes a categorical announcement in the This epic governing volume makes a categorical announcement in the This epic governing volume makes a categorical announcement in the This epic governing volume makes a categorical announcement in the
introductory passage that peopl introductory passage that peopl introductory passage that peopl introductory passage that people of INDIA are the architect of this volume. e of INDIA are the architect of this volume. e of INDIA are the architect of this volume. e of INDIA are the architect of this volume.
The announcement assumes significance because by this announcement, the The announcement assumes significance because by this announcement, the The announcement assumes significance because by this announcement, the The announcement assumes significance because by this announcement, the
fathers of our Constitution intend to acknowledge and give tribute to selfless fathers of our Constitution intend to acknowledge and give tribute to selfless fathers of our Constitution intend to acknowledge and give tribute to selfless fathers of our Constitution intend to acknowledge and give tribute to selfless
sacrifice of every men & women who devoted their only life f sacrifice of every men & women who devoted their only life f sacrifice of every men & women who devoted their only life f sacrifice of every men & women who devoted their only life for the or the or the or the
independence of INDIA. This announcement is intelligent, designed and independence of INDIA. This announcement is intelligent, designed and independence of INDIA. This announcement is intelligent, designed and independence of INDIA. This announcement is intelligent, designed and
purposeful. purposeful. purposeful. purposeful.

There are three chief organs outlined in this Governing volume called There are three chief organs outlined in this Governing volume called There are three chief organs outlined in this Governing volume called There are three chief organs outlined in this Governing volume called
Constitution of India Constitution of India Constitution of India Constitution of India - -- - they are Legislature, the Govt and the Judiciary, and all they are Legislature, the Govt and the Judiciary, and all they are Legislature, the Govt and the Judiciary, and all they are Legislature, the Govt and the Judiciary, and all
these three or these three or these three or these three organs derive their origin and all powers from this peoples' gans derive their origin and all powers from this peoples' gans derive their origin and all powers from this peoples' gans derive their origin and all powers from this peoples'
governing volume. governing volume. governing volume. governing volume.

(J) (J) (J) (J) The Petitioners say that recording of reasons will show The Petitioners say that recording of reasons will show The Petitioners say that recording of reasons will show The Petitioners say that recording of reasons will show
application of mind and probably this recording of reasons is the only application of mind and probably this recording of reasons is the only application of mind and probably this recording of reasons is the only application of mind and probably this recording of reasons is the only
remaining visible safeguard against possible m remaining visible safeguard against possible m remaining visible safeguard against possible m remaining visible safeguard against possible misuse of powers conferred isuse of powers conferred isuse of powers conferred isuse of powers conferred
upon administrators of a nation. upon administrators of a nation. upon administrators of a nation. upon administrators of a nation.
24

(K) (K) (K) (K) Also, it is the case of Petitioners that, when the Honble Chief Also, it is the case of Petitioners that, when the Honble Chief Also, it is the case of Petitioners that, when the Honble Chief Also, it is the case of Petitioners that, when the Honble Chief
Justice of India Shri S H Kapadia on 15.05.2010 warned the PIL Petitioners Justice of India Shri S H Kapadia on 15.05.2010 warned the PIL Petitioners Justice of India Shri S H Kapadia on 15.05.2010 warned the PIL Petitioners Justice of India Shri S H Kapadia on 15.05.2010 warned the PIL Petitioners
that they must first issue notice to the Govt / Pub that they must first issue notice to the Govt / Pub that they must first issue notice to the Govt / Pub that they must first issue notice to the Govt / Public authority before moving lic authority before moving lic authority before moving lic authority before moving
courts, and therefore, we the People expect, in principle and in equity, that if courts, and therefore, we the People expect, in principle and in equity, that if courts, and therefore, we the People expect, in principle and in equity, that if courts, and therefore, we the People expect, in principle and in equity, that if
that public authority / govt turn a blind eye to the notice and if one has to that public authority / govt turn a blind eye to the notice and if one has to that public authority / govt turn a blind eye to the notice and if one has to that public authority / govt turn a blind eye to the notice and if one has to
move court for justice, then this Hon'ble court will also find the oc move court for justice, then this Hon'ble court will also find the oc move court for justice, then this Hon'ble court will also find the oc move court for justice, then this Hon'ble court will also find the occasion to casion to casion to casion to
direct that the Govt / Public authority to first effectively deal with the issue direct that the Govt / Public authority to first effectively deal with the issue direct that the Govt / Public authority to first effectively deal with the issue direct that the Govt / Public authority to first effectively deal with the issue
raised in the complaint / notice. raised in the complaint / notice. raised in the complaint / notice. raised in the complaint / notice.

(L) (L) (L) (L) The Petitioners further say that satisfactory replies to complaints is not The Petitioners further say that satisfactory replies to complaints is not The Petitioners further say that satisfactory replies to complaints is not The Petitioners further say that satisfactory replies to complaints is not
of some importance but of fundamental importance i of some importance but of fundamental importance i of some importance but of fundamental importance i of some importance but of fundamental importance in State Citizen n State Citizen n State Citizen n State Citizen
relationship. relationship. relationship. relationship.

And therefore, it is necessary to trace the evolution and development of law, And therefore, it is necessary to trace the evolution and development of law, And therefore, it is necessary to trace the evolution and development of law, And therefore, it is necessary to trace the evolution and development of law,
the emergence of concept of subject & the ruler, and trace the origin of the emergence of concept of subject & the ruler, and trace the origin of the emergence of concept of subject & the ruler, and trace the origin of the emergence of concept of subject & the ruler, and trace the origin of
today's concept of Citizens & the State. today's concept of Citizens & the State. today's concept of Citizens & the State. today's concept of Citizens & the State.

At the advent of Human Civiliza At the advent of Human Civiliza At the advent of Human Civiliza At the advent of Human Civilization, Men were Sovereign in their own, in tion, Men were Sovereign in their own, in tion, Men were Sovereign in their own, in tion, Men were Sovereign in their own, in
the sense that, they were free and were not subject to or bound by any law. the sense that, they were free and were not subject to or bound by any law. the sense that, they were free and were not subject to or bound by any law. the sense that, they were free and were not subject to or bound by any law.
Then, men were Ruled by their own conscience and not by codified laws and Then, men were Ruled by their own conscience and not by codified laws and Then, men were Ruled by their own conscience and not by codified laws and Then, men were Ruled by their own conscience and not by codified laws and
were even free to the extent of inflicting violence at their w were even free to the extent of inflicting violence at their w were even free to the extent of inflicting violence at their w were even free to the extent of inflicting violence at their will & strength, i.e. ill & strength, i.e. ill & strength, i.e. ill & strength, i.e.
Might is right was the scene. men were guided by own conscience and Might is right was the scene. men were guided by own conscience and Might is right was the scene. men were guided by own conscience and Might is right was the scene. men were guided by own conscience and
greed. An action not emanating from reason and the freedom to do as one greed. An action not emanating from reason and the freedom to do as one greed. An action not emanating from reason and the freedom to do as one greed. An action not emanating from reason and the freedom to do as one
pleases. pleases. pleases. pleases.

Great Philosopher Thomas Hobbes ( 1588 Great Philosopher Thomas Hobbes ( 1588 Great Philosopher Thomas Hobbes ( 1588 Great Philosopher Thomas Hobbes ( 1588- -- - 1671) says that prior to concept of 1671) says that prior to concept of 1671) says that prior to concept of 1671) says that prior to concept of
Statehoo Statehoo Statehoo Statehood, the man lived in chaotic conditions of constant fear. The life in the d, the man lived in chaotic conditions of constant fear. The life in the d, the man lived in chaotic conditions of constant fear. The life in the d, the man lived in chaotic conditions of constant fear. The life in the
state of nature was solitary, poor nasty, brutish and short. For getting self state of nature was solitary, poor nasty, brutish and short. For getting self state of nature was solitary, poor nasty, brutish and short. For getting self state of nature was solitary, poor nasty, brutish and short. For getting self
protection and avoiding misery and pain, man voluntarily entered into a protection and avoiding misery and pain, man voluntarily entered into a protection and avoiding misery and pain, man voluntarily entered into a protection and avoiding misery and pain, man voluntarily entered into a
contract and surrendered their pa contract and surrendered their pa contract and surrendered their pa contract and surrendered their part of freedom to some might authority, who rt of freedom to some might authority, who rt of freedom to some might authority, who rt of freedom to some might authority, who
could protect their lives and property, which emerged later on as the ruler could protect their lives and property, which emerged later on as the ruler could protect their lives and property, which emerged later on as the ruler could protect their lives and property, which emerged later on as the ruler
and which ultimately culminated into the shape of the State. and which ultimately culminated into the shape of the State. and which ultimately culminated into the shape of the State. and which ultimately culminated into the shape of the State.

With the great passage of time and centuries together, Codified laws evolv With the great passage of time and centuries together, Codified laws evolv With the great passage of time and centuries together, Codified laws evolv With the great passage of time and centuries together, Codified laws evolved ed ed ed
and were introduced in human life. Men came together, they voluntarily and were introduced in human life. Men came together, they voluntarily and were introduced in human life. Men came together, they voluntarily and were introduced in human life. Men came together, they voluntarily
surrendered their individual sovereignty to State sovereignty, and opted to surrendered their individual sovereignty to State sovereignty, and opted to surrendered their individual sovereignty to State sovereignty, and opted to surrendered their individual sovereignty to State sovereignty, and opted to
25
subject themselves to laws of the land, however, they were promised, in subject themselves to laws of the land, however, they were promised, in subject themselves to laws of the land, however, they were promised, in subject themselves to laws of the land, however, they were promised, in
return, the Rule of codified laws. return, the Rule of codified laws. return, the Rule of codified laws. return, the Rule of codified laws. The rule of codified laws purported to The rule of codified laws purported to The rule of codified laws purported to The rule of codified laws purported to
promise the safety of their life & their property and also sought to guarantee promise the safety of their life & their property and also sought to guarantee promise the safety of their life & their property and also sought to guarantee promise the safety of their life & their property and also sought to guarantee
the general dignity inherent in human person alonwith guarantee that he will the general dignity inherent in human person alonwith guarantee that he will the general dignity inherent in human person alonwith guarantee that he will the general dignity inherent in human person alonwith guarantee that he will
not be discriminated. This is how the ancient Social contrac not be discriminated. This is how the ancient Social contrac not be discriminated. This is how the ancient Social contrac not be discriminated. This is how the ancient Social contract between Men & t between Men & t between Men & t between Men &
State came into being. State came into being. State came into being. State came into being.

Sovereignty is one of the chief attributes of Statehood. A Sovereign State is Sovereignty is one of the chief attributes of Statehood. A Sovereign State is Sovereignty is one of the chief attributes of Statehood. A Sovereign State is Sovereignty is one of the chief attributes of Statehood. A Sovereign State is
one which is subordinate to no one and is supreme over the territory under one which is subordinate to no one and is supreme over the territory under one which is subordinate to no one and is supreme over the territory under one which is subordinate to no one and is supreme over the territory under
its control. The word State connotes three organs, namely its control. The word State connotes three organs, namely its control. The word State connotes three organs, namely its control. The word State connotes three organs, namely- -- - The The The The Legislature, Legislature, Legislature, Legislature,
The Executive Government and The Judiciary. The 'State' is defined under The Executive Government and The Judiciary. The 'State' is defined under The Executive Government and The Judiciary. The 'State' is defined under The Executive Government and The Judiciary. The 'State' is defined under
Article 12 of constitution of India which includes every public authority Article 12 of constitution of India which includes every public authority Article 12 of constitution of India which includes every public authority Article 12 of constitution of India which includes every public authority
established under law or under Constitution of India. established under law or under Constitution of India. established under law or under Constitution of India. established under law or under Constitution of India.

Jeremy Bentham (1748 Jeremy Bentham (1748 Jeremy Bentham (1748 Jeremy Bentham (1748- -- -1832) of England, J 1832) of England, J 1832) of England, J 1832) of England, John Austin (1790 ohn Austin (1790 ohn Austin (1790 ohn Austin (1790- -- -1859) again of 1859) again of 1859) again of 1859) again of
England, Savigny of Germany, Puchta (1798 England, Savigny of Germany, Puchta (1798 England, Savigny of Germany, Puchta (1798 England, Savigny of Germany, Puchta (1798- -- -1856), Hugo Grotius (1583 1856), Hugo Grotius (1583 1856), Hugo Grotius (1583 1856), Hugo Grotius (1583- -- -1645), 1645), 1645), 1645),
Immanuel Kant (1724 Immanuel Kant (1724 Immanuel Kant (1724 Immanuel Kant (1724- -- - 1804), Scabelling (1775 1804), Scabelling (1775 1804), Scabelling (1775 1804), Scabelling (1775- -- -1854), Kohler (1849 1854), Kohler (1849 1854), Kohler (1849 1854), Kohler (1849- -- -1919), Roscoe 1919), Roscoe 1919), Roscoe 1919), Roscoe
Pound (1870 Pound (1870 Pound (1870 Pound (1870- -- -1964), Greek philosophers, like the Hiraclitus (530 1964), Greek philosophers, like the Hiraclitus (530 1964), Greek philosophers, like the Hiraclitus (530 1964), Greek philosophers, like the Hiraclitus (530- -- - 470 B 470 B 470 B 470 B.C.), .C.), .C.), .C.),
Socrates (470 Socrates (470 Socrates (470 Socrates (470- -- -399 B.C.), Arsitotle (384 399 B.C.), Arsitotle (384 399 B.C.), Arsitotle (384 399 B.C.), Arsitotle (384- -- -322 B.C.), Thomas Acqinas ( 1225 322 B.C.), Thomas Acqinas ( 1225 322 B.C.), Thomas Acqinas ( 1225 322 B.C.), Thomas Acqinas ( 1225- -- -
1274), Duguit (1859 1274), Duguit (1859 1274), Duguit (1859 1274), Duguit (1859- -- -1928), Vico of Italy, Montesquiu of France, Hereder of 1928), Vico of Italy, Montesquiu of France, Hereder of 1928), Vico of Italy, Montesquiu of France, Hereder of 1928), Vico of Italy, Montesquiu of France, Hereder of
Germany, Edmond Burke (1729 Germany, Edmond Burke (1729 Germany, Edmond Burke (1729 Germany, Edmond Burke (1729- -- -1797) of England, Sir Henry Maine (1822 1797) of England, Sir Henry Maine (1822 1797) of England, Sir Henry Maine (1822 1797) of England, Sir Henry Maine (1822- -- -1888) 1888) 1888) 1888)
of England. Auguste Comte (1 of England. Auguste Comte (1 of England. Auguste Comte (1 of England. Auguste Comte (1786 786 786 786- -- -1857); Herbert Spencer (1820 1857); Herbert Spencer (1820 1857); Herbert Spencer (1820 1857); Herbert Spencer (1820- -- -1903); Ehrlich 1903); Ehrlich 1903); Ehrlich 1903); Ehrlich
( 1862 ( 1862 ( 1862 ( 1862- -- -1922); Ihering (1818 1922); Ihering (1818 1922); Ihering (1818 1922); Ihering (1818- -- -1892) significantly contributed to today's modern 1892) significantly contributed to today's modern 1892) significantly contributed to today's modern 1892) significantly contributed to today's modern
concept of codification of laws and emergence of State Citizenship concept of codification of laws and emergence of State Citizenship concept of codification of laws and emergence of State Citizenship concept of codification of laws and emergence of State Citizenship
relationship. relationship. relationship. relationship.

Main thrust of the legal brains emphasizing on c Main thrust of the legal brains emphasizing on c Main thrust of the legal brains emphasizing on c Main thrust of the legal brains emphasizing on codification of laws, has been odification of laws, has been odification of laws, has been odification of laws, has been
firstly, as a means of attainment of human perfection and secondly to secure firstly, as a means of attainment of human perfection and secondly to secure firstly, as a means of attainment of human perfection and secondly to secure firstly, as a means of attainment of human perfection and secondly to secure
liberty to individuals in the society. They all considered liberty as the first liberty to individuals in the society. They all considered liberty as the first liberty to individuals in the society. They all considered liberty as the first liberty to individuals in the society. They all considered liberty as the first
pre pre pre pre- -- -requisite for the development of human personality. In their view requisite for the development of human personality. In their view requisite for the development of human personality. In their view requisite for the development of human personality. In their view, a State , a State , a State , a State
is like a family to which the interests of its members are always dear at is like a family to which the interests of its members are always dear at is like a family to which the interests of its members are always dear at is like a family to which the interests of its members are always dear at
heart, like a family which would not be happy if its members are in difficulty, heart, like a family which would not be happy if its members are in difficulty, heart, like a family which would not be happy if its members are in difficulty, heart, like a family which would not be happy if its members are in difficulty,
want or trouble, like a family which would not interfere unnecessarily with want or trouble, like a family which would not interfere unnecessarily with want or trouble, like a family which would not interfere unnecessarily with want or trouble, like a family which would not interfere unnecessarily with
the free choice the free choice the free choice the free choice of its members. of its members. of its members. of its members.

Among various definitions of State given by Scholars of law and by Among various definitions of State given by Scholars of law and by Among various definitions of State given by Scholars of law and by Among various definitions of State given by Scholars of law and by
Philosophers, this appears to be more satisfactory and convincing. It is by Philosophers, this appears to be more satisfactory and convincing. It is by Philosophers, this appears to be more satisfactory and convincing. It is by Philosophers, this appears to be more satisfactory and convincing. It is by
professor Goodhart. He defines State in terms of its purpose. He states that professor Goodhart. He defines State in terms of its purpose. He states that professor Goodhart. He defines State in terms of its purpose. He states that professor Goodhart. He defines State in terms of its purpose. He states that
26
the purpose of soci the purpose of soci the purpose of soci the purpose of society which we call a State is to maintain peace and order ety which we call a State is to maintain peace and order ety which we call a State is to maintain peace and order ety which we call a State is to maintain peace and order
within a demarcated territory. THE MINIMUM AND ESSENTIAL PURPOSE OF within a demarcated territory. THE MINIMUM AND ESSENTIAL PURPOSE OF within a demarcated territory. THE MINIMUM AND ESSENTIAL PURPOSE OF within a demarcated territory. THE MINIMUM AND ESSENTIAL PURPOSE OF
THE STATE IS TO MAKE LIFE POSSIBLE THE STATE IS TO MAKE LIFE POSSIBLE THE STATE IS TO MAKE LIFE POSSIBLE THE STATE IS TO MAKE LIFE POSSIBLE

Hugo Grotius (1583 Hugo Grotius (1583 Hugo Grotius (1583 Hugo Grotius (1583- -- -1645) is regarded as the father of philosophical 1645) is regarded as the father of philosophical 1645) is regarded as the father of philosophical 1645) is regarded as the father of philosophical
jurisprudence. He said jurisprudence. He said jurisprudence. He said jurisprudence. He said- -- - it it it it is the first duty of the Sovereign State to safeguard is the first duty of the Sovereign State to safeguard is the first duty of the Sovereign State to safeguard is the first duty of the Sovereign State to safeguard
the citizen because State was given power only for that purpose. the citizen because State was given power only for that purpose. the citizen because State was given power only for that purpose. the citizen because State was given power only for that purpose.

And therefore, in the backdrop of this ancient social contract, every Society And therefore, in the backdrop of this ancient social contract, every Society And therefore, in the backdrop of this ancient social contract, every Society And therefore, in the backdrop of this ancient social contract, every Society
& every Individual Citizen has certain basic assumptions t & every Individual Citizen has certain basic assumptions t & every Individual Citizen has certain basic assumptions t & every Individual Citizen has certain basic assumptions to take it for granted o take it for granted o take it for granted o take it for granted
that complaints made to State will be replied. that complaints made to State will be replied. that complaints made to State will be replied. that complaints made to State will be replied.

(M) (M) (M) (M) It is the case of the Petitioners that grievance of the people It is the case of the Petitioners that grievance of the people It is the case of the Petitioners that grievance of the people It is the case of the Petitioners that grievance of the people
must be promptly and properly attended instead of waiting and allowing it must be promptly and properly attended instead of waiting and allowing it must be promptly and properly attended instead of waiting and allowing it must be promptly and properly attended instead of waiting and allowing it
to be translated into court litigation. to be translated into court litigation. to be translated into court litigation. to be translated into court litigation.

( (( (N) N) N) N) It is the case of the Petitioners that giving of satisfactory reply It is the case of the Petitioners that giving of satisfactory reply It is the case of the Petitioners that giving of satisfactory reply It is the case of the Petitioners that giving of satisfactory reply
is a healthy discipline for all who exercise powers over others. is a healthy discipline for all who exercise powers over others. is a healthy discipline for all who exercise powers over others. is a healthy discipline for all who exercise powers over others.

(O) (O) (O) (O) It is the case of the Petitioners that a complaint to State is the It is the case of the Petitioners that a complaint to State is the It is the case of the Petitioners that a complaint to State is the It is the case of the Petitioners that a complaint to State is the
most legitimate incident of a democracy. most legitimate incident of a democracy. most legitimate incident of a democracy. most legitimate incident of a democracy.

7. 7. 7. 7. The Petitioners say that good governance is not a mirage or a The Petitioners say that good governance is not a mirage or a The Petitioners say that good governance is not a mirage or a The Petitioners say that good governance is not a mirage or a
utopian concept. It only signifies the way an administration ameliorates the utopian concept. It only signifies the way an administration ameliorates the utopian concept. It only signifies the way an administration ameliorates the utopian concept. It only signifies the way an administration ameliorates the
standard of living of the members of its society by creating, and making standard of living of the members of its society by creating, and making standard of living of the members of its society by creating, and making standard of living of the members of its society by creating, and making
available, the basic amenities of life; pr available, the basic amenities of life; pr available, the basic amenities of life; pr available, the basic amenities of life; providing its people security and the oviding its people security and the oviding its people security and the oviding its people security and the
opportunity to better their lot; instils hope in their hearts for a promising opportunity to better their lot; instils hope in their hearts for a promising opportunity to better their lot; instils hope in their hearts for a promising opportunity to better their lot; instils hope in their hearts for a promising
future; providing, on an equal & equitable basis, access to opportunities for future; providing, on an equal & equitable basis, access to opportunities for future; providing, on an equal & equitable basis, access to opportunities for future; providing, on an equal & equitable basis, access to opportunities for
personal growth; affording participation and capacity to influen personal growth; affording participation and capacity to influen personal growth; affording participation and capacity to influen personal growth; affording participation and capacity to influence, in the ce, in the ce, in the ce, in the
decision decision decision decision- -- -making in public affairs; sustaining a responsive judicial system making in public affairs; sustaining a responsive judicial system making in public affairs; sustaining a responsive judicial system making in public affairs; sustaining a responsive judicial system
which dispenses justice on merits in a fair, unbiased and meaningful manner; which dispenses justice on merits in a fair, unbiased and meaningful manner; which dispenses justice on merits in a fair, unbiased and meaningful manner; which dispenses justice on merits in a fair, unbiased and meaningful manner;
and maintaining accountability and honesty in each wing or f and maintaining accountability and honesty in each wing or f and maintaining accountability and honesty in each wing or f and maintaining accountability and honesty in each wing or functionary of unctionary of unctionary of unctionary of
the Government. the Government. the Government. the Government.

I II In modern democracies, wide powers vest with Legislators, Judges, with n modern democracies, wide powers vest with Legislators, Judges, with n modern democracies, wide powers vest with Legislators, Judges, with n modern democracies, wide powers vest with Legislators, Judges, with
Govt, and with Bureaucrats. Each group, if it so wishes, may Govt, and with Bureaucrats. Each group, if it so wishes, may Govt, and with Bureaucrats. Each group, if it so wishes, may Govt, and with Bureaucrats. Each group, if it so wishes, may act quite fancy, act quite fancy, act quite fancy, act quite fancy,
in any of the ways it deem necessary. in any of the ways it deem necessary. in any of the ways it deem necessary. in any of the ways it deem necessary.
27

8. 8. 8. 8. The Petitioners invite attention of this Honble Court to a note The Petitioners invite attention of this Honble Court to a note The Petitioners invite attention of this Honble Court to a note The Petitioners invite attention of this Honble Court to a note
was struck by Apex Court in Superintending Engineer, Public health, U.T. was struck by Apex Court in Superintending Engineer, Public health, U.T. was struck by Apex Court in Superintending Engineer, Public health, U.T. was struck by Apex Court in Superintending Engineer, Public health, U.T.
Chandigarh V Kuldeep Singh when it observed: Every Public servant is a Chandigarh V Kuldeep Singh when it observed: Every Public servant is a Chandigarh V Kuldeep Singh when it observed: Every Public servant is a Chandigarh V Kuldeep Singh when it observed: Every Public servant is a
trustee of the society; and in all facets of public administration trustee of the society; and in all facets of public administration trustee of the society; and in all facets of public administration trustee of the society; and in all facets of public administration every public every public every public every public
servant has to exhibit hones servant has to exhibit hones servant has to exhibit hones servant has to exhibit honesty, integrity, sincerity and faithfulness in the ty, integrity, sincerity and faithfulness in the ty, integrity, sincerity and faithfulness in the ty, integrity, sincerity and faithfulness in the
implementation of the political, social, economic and constitutional policies to implementation of the political, social, economic and constitutional policies to implementation of the political, social, economic and constitutional policies to implementation of the political, social, economic and constitutional policies to
integrate the nation, to achieve excellence & efficiency in public integrate the nation, to achieve excellence & efficiency in public integrate the nation, to achieve excellence & efficiency in public integrate the nation, to achieve excellence & efficiency in public
administration. ... administration. ... administration. ... administration. ...

(a) (a) (a) (a) The Petitioners say that the expe The Petitioners say that the expe The Petitioners say that the expe The Petitioners say that the experience is that the holders of public rience is that the holders of public rience is that the holders of public rience is that the holders of public
offices treat the authority in their hands, as one bestowing upon them, the offices treat the authority in their hands, as one bestowing upon them, the offices treat the authority in their hands, as one bestowing upon them, the offices treat the authority in their hands, as one bestowing upon them, the
status of a ruler rather than one in public service. status of a ruler rather than one in public service. status of a ruler rather than one in public service. status of a ruler rather than one in public service. The Public officials are The Public officials are The Public officials are The Public officials are
often heard sayin often heard sayin often heard sayin often heard saying, g, g, g, in the words of very learned Professor Upendr in the words of very learned Professor Upendr in the words of very learned Professor Upendr in the words of very learned Professor Upendra Baxi a Baxi a Baxi a Baxi

(i (i (i (i) As an Authority, I have this and that power. I exercise it in this or that ) As an Authority, I have this and that power. I exercise it in this or that ) As an Authority, I have this and that power. I exercise it in this or that ) As an Authority, I have this and that power. I exercise it in this or that
manner because I so wish. The only good reason which I exercise my power manner because I so wish. The only good reason which I exercise my power manner because I so wish. The only good reason which I exercise my power manner because I so wish. The only good reason which I exercise my power
this or that manner is that I wish to exercise it in this or that manner; this or that manner is that I wish to exercise it in this or that manner; this or that manner is that I wish to exercise it in this or that manner; this or that manner is that I wish to exercise it in this or that manner;
(ii (ii (ii (ii) As an Authori ) As an Authori ) As an Authori ) As an Authority ty ty ty- -- - I may so act as to favour some and disfavour others; I may so act as to favour some and disfavour others; I may so act as to favour some and disfavour others; I may so act as to favour some and disfavour others;
(iii (iii (iii (iii) As an Authority ) As an Authority ) As an Authority ) As an Authority- -- - I may so act as to give an impression that I am acting I may so act as to give an impression that I am acting I may so act as to give an impression that I am acting I may so act as to give an impression that I am acting
within my powers but in reality I may be acting outside it; within my powers but in reality I may be acting outside it; within my powers but in reality I may be acting outside it; within my powers but in reality I may be acting outside it;
(iv (iv (iv (iv) As an Authority ) As an Authority ) As an Authority ) As an Authority- -- - I may decide by myself what your righ I may decide by myself what your righ I may decide by myself what your righ I may decide by myself what your rights and liabilities ts and liabilities ts and liabilities ts and liabilities
are without giving you any chance to be heard, Or I may make your are without giving you any chance to be heard, Or I may make your are without giving you any chance to be heard, Or I may make your are without giving you any chance to be heard, Or I may make your
opportunity to be heard a meaningless ritual; opportunity to be heard a meaningless ritual; opportunity to be heard a meaningless ritual; opportunity to be heard a meaningless ritual;
(v (v (v (v) As an Authority ) As an Authority ) As an Authority ) As an Authority- -- - I may decide but declines to let you know the reasons or I may decide but declines to let you know the reasons or I may decide but declines to let you know the reasons or I may decide but declines to let you know the reasons or
grounds of my decisions or provide reasons wit grounds of my decisions or provide reasons wit grounds of my decisions or provide reasons wit grounds of my decisions or provide reasons without being reasonable; hout being reasonable; hout being reasonable; hout being reasonable;
(vi (vi (vi (vi) As an Authority ) As an Authority ) As an Authority ) As an Authority- -- - I may use my power to help you only if I am gratified in I may use my power to help you only if I am gratified in I may use my power to help you only if I am gratified in I may use my power to help you only if I am gratified in
cash or in kind; cash or in kind; cash or in kind; cash or in kind;
(vii (vii (vii (vii) As an Authority ) As an Authority ) As an Authority ) As an Authority- -- - I may choose to use my power only after a good deal of I may choose to use my power only after a good deal of I may choose to use my power only after a good deal of I may choose to use my power only after a good deal of
delay and inconvenience to people; delay and inconvenience to people; delay and inconvenience to people; delay and inconvenience to people;
(viii (viii (viii (viii) As an Authorit ) As an Authorit ) As an Authorit ) As an Authority yy y- -- - I may just refuse to exercise the powers I have I may just refuse to exercise the powers I have I may just refuse to exercise the powers I have I may just refuse to exercise the powers I have
regardless of my legal obligation to act and regardless of social impact of my regardless of my legal obligation to act and regardless of social impact of my regardless of my legal obligation to act and regardless of social impact of my regardless of my legal obligation to act and regardless of social impact of my
inaction. inaction. inaction. inaction.

28
9. 9. 9. 9. The Petitioners say that discretion in reality means a power The Petitioners say that discretion in reality means a power The Petitioners say that discretion in reality means a power The Petitioners say that discretion in reality means a power
given to a person with the authority to choose be given to a person with the authority to choose be given to a person with the authority to choose be given to a person with the authority to choose between two or more tween two or more tween two or more tween two or more
alternatives or possibilities each of which is lawful and permissible. The alternatives or possibilities each of which is lawful and permissible. The alternatives or possibilities each of which is lawful and permissible. The alternatives or possibilities each of which is lawful and permissible. The
concept of discretion imports a duty to be fair, candid and unprejudiced; not concept of discretion imports a duty to be fair, candid and unprejudiced; not concept of discretion imports a duty to be fair, candid and unprejudiced; not concept of discretion imports a duty to be fair, candid and unprejudiced; not
arbitrary, capricious or biased; much less, warped by resentment or personal arbitrary, capricious or biased; much less, warped by resentment or personal arbitrary, capricious or biased; much less, warped by resentment or personal arbitrary, capricious or biased; much less, warped by resentment or personal
dislike. dislike. dislike. dislike.

Discretion is a Science or understanding to discern (to distinguish) between Discretion is a Science or understanding to discern (to distinguish) between Discretion is a Science or understanding to discern (to distinguish) between Discretion is a Science or understanding to discern (to distinguish) between
falsity and truth; between right and wrong, between shadow and substance, falsity and truth; between right and wrong, between shadow and substance, falsity and truth; between right and wrong, between shadow and substance, falsity and truth; between right and wrong, between shadow and substance,
between equity and pretence and not to do according to wills and private between equity and pretence and not to do according to wills and private between equity and pretence and not to do according to wills and private between equity and pretence and not to do according to wills and private
affections. affections. affections. affections.

Discretion allow Discretion allow Discretion allow Discretion allowed by the statute to the holder of an office is intended to be ed by the statute to the holder of an office is intended to be ed by the statute to the holder of an office is intended to be ed by the statute to the holder of an office is intended to be
exercise according to the rules of reason and not according to personal exercise according to the rules of reason and not according to personal exercise according to the rules of reason and not according to personal exercise according to the rules of reason and not according to personal
opinion. opinion. opinion. opinion.

Discretionary powers are never absolute. Even if a statutory pronouncement Discretionary powers are never absolute. Even if a statutory pronouncement Discretionary powers are never absolute. Even if a statutory pronouncement Discretionary powers are never absolute. Even if a statutory pronouncement
state explicitly that the discretio state explicitly that the discretio state explicitly that the discretio state explicitly that the discretion it grants is absolute, this discretion is n it grants is absolute, this discretion is n it grants is absolute, this discretion is n it grants is absolute, this discretion is
interpreted as requiring the holder of the authority to act strictly according to interpreted as requiring the holder of the authority to act strictly according to interpreted as requiring the holder of the authority to act strictly according to interpreted as requiring the holder of the authority to act strictly according to
some procedure such as granting a hearing and acting impartially and acting some procedure such as granting a hearing and acting impartially and acting some procedure such as granting a hearing and acting impartially and acting some procedure such as granting a hearing and acting impartially and acting
in such a way to achieve the goal of the legislation f in such a way to achieve the goal of the legislation f in such a way to achieve the goal of the legislation f in such a way to achieve the goal of the legislation for which the authority or which the authority or which the authority or which the authority
has been granted. Discretionary powers are always coupled with duties. has been granted. Discretionary powers are always coupled with duties. has been granted. Discretionary powers are always coupled with duties. has been granted. Discretionary powers are always coupled with duties.

If a decision on a matter is so unreasonable that no authority could ever have If a decision on a matter is so unreasonable that no authority could ever have If a decision on a matter is so unreasonable that no authority could ever have If a decision on a matter is so unreasonable that no authority could ever have
come to it, then the courts can interfere. The repository of discretion must be come to it, then the courts can interfere. The repository of discretion must be come to it, then the courts can interfere. The repository of discretion must be come to it, then the courts can interfere. The repository of discretion must be
p pp prepared to justify in court the reasonableness of his belief and in arriving at repared to justify in court the reasonableness of his belief and in arriving at repared to justify in court the reasonableness of his belief and in arriving at repared to justify in court the reasonableness of his belief and in arriving at
a decision in the exercise of his discretionary powers. It is not enough to say a decision in the exercise of his discretionary powers. It is not enough to say a decision in the exercise of his discretionary powers. It is not enough to say a decision in the exercise of his discretionary powers. It is not enough to say
that the discretion was exercised honestly by the authority. that the discretion was exercised honestly by the authority. that the discretion was exercised honestly by the authority. that the discretion was exercised honestly by the authority.

Fair play requires recording of g Fair play requires recording of g Fair play requires recording of g Fair play requires recording of germane and relevant precise reasons when ermane and relevant precise reasons when ermane and relevant precise reasons when ermane and relevant precise reasons when
an order affects the right of a citizen or a person irrespective of the fact an order affects the right of a citizen or a person irrespective of the fact an order affects the right of a citizen or a person irrespective of the fact an order affects the right of a citizen or a person irrespective of the fact
whether it is judicial, quasi judicial or administrative act. Recording of whether it is judicial, quasi judicial or administrative act. Recording of whether it is judicial, quasi judicial or administrative act. Recording of whether it is judicial, quasi judicial or administrative act. Recording of
reasons is also an assurance that the authority concerned has a reasons is also an assurance that the authority concerned has a reasons is also an assurance that the authority concerned has a reasons is also an assurance that the authority concerned has applied its pplied its pplied its pplied its
mind to the facts on record. mind to the facts on record. mind to the facts on record. mind to the facts on record.

29
The reasons employed not only are intelligible but which will also deal with The reasons employed not only are intelligible but which will also deal with The reasons employed not only are intelligible but which will also deal with The reasons employed not only are intelligible but which will also deal with
the substantial points which have been raised. What is of utmost importance the substantial points which have been raised. What is of utmost importance the substantial points which have been raised. What is of utmost importance the substantial points which have been raised. What is of utmost importance
is that the reasons are clear and explicit so as to indicate is that the reasons are clear and explicit so as to indicate is that the reasons are clear and explicit so as to indicate is that the reasons are clear and explicit so as to indicate that the authority that the authority that the authority that the authority
has given due consideration to the points in controversy. has given due consideration to the points in controversy. has given due consideration to the points in controversy. has given due consideration to the points in controversy.

The very requirement of reasons will put the authority on alert and minimise The very requirement of reasons will put the authority on alert and minimise The very requirement of reasons will put the authority on alert and minimise The very requirement of reasons will put the authority on alert and minimise
the chances of unconscious infiltration of personal bias or unfairness in the the chances of unconscious infiltration of personal bias or unfairness in the the chances of unconscious infiltration of personal bias or unfairness in the the chances of unconscious infiltration of personal bias or unfairness in the
conclusion. conclusion. conclusion. conclusion.

Reasoned Reasoned Reasoned Reasoned decision may bring in little inconvenience to the authorities decision may bring in little inconvenience to the authorities decision may bring in little inconvenience to the authorities decision may bring in little inconvenience to the authorities
concerned for it is little more time consuming, one may argue. But I feel that concerned for it is little more time consuming, one may argue. But I feel that concerned for it is little more time consuming, one may argue. But I feel that concerned for it is little more time consuming, one may argue. But I feel that
there is no other way to exercise discretion and discharge duties entrusted there is no other way to exercise discretion and discharge duties entrusted there is no other way to exercise discretion and discharge duties entrusted there is no other way to exercise discretion and discharge duties entrusted
upon the authorities. upon the authorities. upon the authorities. upon the authorities.

10. 10. 10. 10. The Petit The Petit The Petit The Petitioners ioners ioners ioners finally finally finally finally seek to recall an historic incident of seek to recall an historic incident of seek to recall an historic incident of seek to recall an historic incident of
Indian freedom struggle, occasioned with Mohandas Karamchand Gandhi Indian freedom struggle, occasioned with Mohandas Karamchand Gandhi Indian freedom struggle, occasioned with Mohandas Karamchand Gandhi Indian freedom struggle, occasioned with Mohandas Karamchand Gandhi
(His Journey towards Mahatma). In the year 1893, when in South Africa, (His Journey towards Mahatma). In the year 1893, when in South Africa, (His Journey towards Mahatma). In the year 1893, when in South Africa, (His Journey towards Mahatma). In the year 1893, when in South Africa,
while holding a First Class Compartment ticket and travelling i while holding a First Class Compartment ticket and travelling i while holding a First Class Compartment ticket and travelling i while holding a First Class Compartment ticket and travelling in, Gandhi was n, Gandhi was n, Gandhi was n, Gandhi was
thrown out of the train, for in those times Blacks were not allowed to travel thrown out of the train, for in those times Blacks were not allowed to travel thrown out of the train, for in those times Blacks were not allowed to travel thrown out of the train, for in those times Blacks were not allowed to travel
in the First Class Compartment, notwithstanding they hold a valid ticket. It in the First Class Compartment, notwithstanding they hold a valid ticket. It in the First Class Compartment, notwithstanding they hold a valid ticket. It in the First Class Compartment, notwithstanding they hold a valid ticket. It
was 9.00 in the chill night. That designated Black sent a Telegram to the was 9.00 in the chill night. That designated Black sent a Telegram to the was 9.00 in the chill night. That designated Black sent a Telegram to the was 9.00 in the chill night. That designated Black sent a Telegram to the
General M General M General M General Manager of the Railways and registered his complaint. The anager of the Railways and registered his complaint. The anager of the Railways and registered his complaint. The anager of the Railways and registered his complaint. The
Complaint of that designated Black was attended, forthwith, the General Complaint of that designated Black was attended, forthwith, the General Complaint of that designated Black was attended, forthwith, the General Complaint of that designated Black was attended, forthwith, the General
Manager instructed the Station master to secure that complainant reaches Manager instructed the Station master to secure that complainant reaches Manager instructed the Station master to secure that complainant reaches Manager instructed the Station master to secure that complainant reaches
his destination safely. Complainant was accommodated his destination safely. Complainant was accommodated his destination safely. Complainant was accommodated his destination safely. Complainant was accommodated in the very next in the very next in the very next in the very next
morning train to his destination. And here, in the era of INDEPENDENCE and morning train to his destination. And here, in the era of INDEPENDENCE and morning train to his destination. And here, in the era of INDEPENDENCE and morning train to his destination. And here, in the era of INDEPENDENCE and
21st Century of modern democracy, we have Citizens of Sovereign India, of 21st Century of modern democracy, we have Citizens of Sovereign India, of 21st Century of modern democracy, we have Citizens of Sovereign India, of 21st Century of modern democracy, we have Citizens of Sovereign India, of
whose complaint are ordinarily, attended with great disrespect and whose complaint are ordinarily, attended with great disrespect and whose complaint are ordinarily, attended with great disrespect and whose complaint are ordinarily, attended with great disrespect and
sometimes with hostili sometimes with hostili sometimes with hostili sometimes with hostility. ty. ty. ty.

11 11 11 11. .. . The Petitioners say th The Petitioners say th The Petitioners say th The Petitioners say that, considering the at, considering the at, considering the at, considering the nature of relief nature of relief nature of relief nature of relief
prayed, no prejudice of any nature would cause to the Respondents, if the prayed, no prejudice of any nature would cause to the Respondents, if the prayed, no prejudice of any nature would cause to the Respondents, if the prayed, no prejudice of any nature would cause to the Respondents, if the
Court passes orders even without hearing the Respondents herein. The Court passes orders even without hearing the Respondents herein. The Court passes orders even without hearing the Respondents herein. The Court passes orders even without hearing the Respondents herein. The
Petitioners say that it is the concern of t Petitioners say that it is the concern of t Petitioners say that it is the concern of t Petitioners say that it is the concern of the courts that public authorities are he courts that public authorities are he courts that public authorities are he courts that public authorities are
compelled to perform their duties if they are shown making default. compelled to perform their duties if they are shown making default. compelled to perform their duties if they are shown making default. compelled to perform their duties if they are shown making default.

30
12 12 12 12. .. . Ground for this Petition: Ground for this Petition: Ground for this Petition: Ground for this Petition:
(a) This petition is filed wherein the Respondents have failed in their duty to (a) This petition is filed wherein the Respondents have failed in their duty to (a) This petition is filed wherein the Respondents have failed in their duty to (a) This petition is filed wherein the Respondents have failed in their duty to
make a proper reply to Petitioners Co make a proper reply to Petitioners Co make a proper reply to Petitioners Co make a proper reply to Petitioners Complaint, thereby frustrating Petitioners mplaint, thereby frustrating Petitioners mplaint, thereby frustrating Petitioners mplaint, thereby frustrating Petitioners
fundamental right enshrined under Article 14 of the Constitution of India, more fundamental right enshrined under Article 14 of the Constitution of India, more fundamental right enshrined under Article 14 of the Constitution of India, more fundamental right enshrined under Article 14 of the Constitution of India, more
sp sp sp specificall ecificall ecificall ecifically illustrated in para 6(A) to (O y illustrated in para 6(A) to (O y illustrated in para 6(A) to (O y illustrated in para 6(A) to (O) hereinbefore. ) hereinbefore. ) hereinbefore. ) hereinbefore.

(b) The Petitioners submit that this Petition is necessitated and relief pr (b) The Petitioners submit that this Petition is necessitated and relief pr (b) The Petitioners submit that this Petition is necessitated and relief pr (b) The Petitioners submit that this Petition is necessitated and relief prayed ayed ayed ayed
should be granted in view of the total disregard for the law established. should be granted in view of the total disregard for the law established. should be granted in view of the total disregard for the law established. should be granted in view of the total disregard for the law established.

13 13 13 13. .. . The petitioners states that there is no other Petition / application is The petitioners states that there is no other Petition / application is The petitioners states that there is no other Petition / application is The petitioners states that there is no other Petition / application is
pending in any Court or before Hon. Supreme Court pending in any Court or before Hon. Supreme Court pending in any Court or before Hon. Supreme Court pending in any Court or before Hon. Supreme Court

14 14 14 14. .. . The Petitioners has no other efficacious reme The Petitioners has no other efficacious reme The Petitioners has no other efficacious reme The Petitioners has no other efficacious remedy except to approach dy except to approach dy except to approach dy except to approach
this Honble court for reliefs set out hereinafter. this Honble court for reliefs set out hereinafter. this Honble court for reliefs set out hereinafter. this Honble court for reliefs set out hereinafter.

15 15 15 15. .. . The Petitioners rely on Documents, list whereof is annexed hereto. The Petitioners rely on Documents, list whereof is annexed hereto. The Petitioners rely on Documents, list whereof is annexed hereto. The Petitioners rely on Documents, list whereof is annexed hereto.

1 11 16 66 6. .. . The Petitioners have paid the necessary Court fee. The Petitioners have paid the necessary Court fee. The Petitioners have paid the necessary Court fee. The Petitioners have paid the necessary Court fee.

17 17 17 17. .. . The petitioners states that this is a Writ Pet The petitioners states that this is a Writ Pet The petitioners states that this is a Writ Pet The petitioners states that this is a Writ Petition. ition. ition. ition.

18 18 18 18. .. . The Petitioners herein therefore humbly prays to this Hon'ble Court The Petitioners herein therefore humbly prays to this Hon'ble Court The Petitioners herein therefore humbly prays to this Hon'ble Court The Petitioners herein therefore humbly prays to this Hon'ble Court- -- -

(a) That this Hon'ble Court may please to issue a Writ of Mandamus or a Writ (a) That this Hon'ble Court may please to issue a Writ of Mandamus or a Writ (a) That this Hon'ble Court may please to issue a Writ of Mandamus or a Writ (a) That this Hon'ble Court may please to issue a Writ of Mandamus or a Writ
in the nature of mandamus or any other Writ, Order or Direction, dire in the nature of mandamus or any other Writ, Order or Direction, dire in the nature of mandamus or any other Writ, Order or Direction, dire in the nature of mandamus or any other Writ, Order or Direction, directing the cting the cting the cting the
Respondents herei Respondents herei Respondents herei Respondents herein to n to n to n to make a R make a R make a R make a Reasoned reply easoned reply easoned reply easoned reply to the Petitioners herein to the Petitioners herein to the Petitioners herein to the Petitioners herein of of of of
the the the their ir ir ir comp comp comp complaint laint laint laint dated 00.00.0000. The recording of reasons must not only be dated 00.00.0000. The recording of reasons must not only be dated 00.00.0000. The recording of reasons must not only be dated 00.00.0000. The recording of reasons must not only be
intelligible but which will also deal with the substantial points which has intelligible but which will also deal with the substantial points which has intelligible but which will also deal with the substantial points which has intelligible but which will also deal with the substantial points which has
been raised therein in the complaint and cover o been raised therein in the complaint and cover o been raised therein in the complaint and cover o been raised therein in the complaint and cover other relevant points and ther relevant points and ther relevant points and ther relevant points and
eschew irrelevancies and reply which demonstrate that the authority has eschew irrelevancies and reply which demonstrate that the authority has eschew irrelevancies and reply which demonstrate that the authority has eschew irrelevancies and reply which demonstrate that the authority has
given due consideration to the points in controversy given due consideration to the points in controversy given due consideration to the points in controversy given due consideration to the points in controversy and that and that and that and that decisions of the decisions of the decisions of the decisions of the
public / statutory authority public / statutory authority public / statutory authority public / statutory authority on the issue raised in the said complaint on the issue raised in the said complaint on the issue raised in the said complaint on the issue raised in the said complaint have have have have
been been been been reached according to law. reached according to law. reached according to law. reached according to law.

(b) (b) (b) (b) The Petitioners are well prepared where The Petitioners are well prepared where The Petitioners are well prepared where The Petitioners are well prepared where in the event this Honble Court is in the event this Honble Court is in the event this Honble Court is in the event this Honble Court is
pleased not to grant relief pleased not to grant relief pleased not to grant relief pleased not to grant relief prayed in clause (a) above, the prayed in clause (a) above, the prayed in clause (a) above, the prayed in clause (a) above, then, the Petitioners n, the Petitioners n, the Petitioners n, the Petitioners
pray that, in the interest of justice, the Honble Court make out a cle pray that, in the interest of justice, the Honble Court make out a cle pray that, in the interest of justice, the Honble Court make out a cle pray that, in the interest of justice, the Honble Court make out a clear and ar and ar and ar and
unequivocal speaking Order, detailing the reasons and clearly mentioning the unequivocal speaking Order, detailing the reasons and clearly mentioning the unequivocal speaking Order, detailing the reasons and clearly mentioning the unequivocal speaking Order, detailing the reasons and clearly mentioning the
31
assumptions being made / considered for not granting the relief prayed in assumptions being made / considered for not granting the relief prayed in assumptions being made / considered for not granting the relief prayed in assumptions being made / considered for not granting the relief prayed in
clause (a) above. clause (a) above. clause (a) above. clause (a) above.

(c) Pass such other and further orders as this Honble Court may deem proper (c) Pass such other and further orders as this Honble Court may deem proper (c) Pass such other and further orders as this Honble Court may deem proper (c) Pass such other and further orders as this Honble Court may deem proper
a aa and expedient in the Public interest. nd expedient in the Public interest. nd expedient in the Public interest. nd expedient in the Public interest.

(d) For expeditious hearing of this Petition. (d) For expeditious hearing of this Petition. (d) For expeditious hearing of this Petition. (d) For expeditious hearing of this Petition.

1. Mr AAAA 1. Mr AAAA 1. Mr AAAA 1. Mr AAAA

2. Mr KKKKKK. 2. Mr KKKKKK. 2. Mr KKKKKK. 2. Mr KKKKKK.
Place: Place: Place: Place:
Date: Date: Date: Date:

VERIFICATION VERIFICATION VERIFICATION VERIFICATION

I, I, I, I,--------------------------------------------- --------------------------------------------- --------------------------------------------- ---------------------------------------------the Petitioner No the Petitioner No the Petitioner No the Petitioner No. do hereby on . do hereby on . do hereby on . do hereby on
solemn affirmation state and declare that what is stated in the paragraphs solemn affirmation state and declare that what is stated in the paragraphs solemn affirmation state and declare that what is stated in the paragraphs solemn affirmation state and declare that what is stated in the paragraphs -- -- -- --
----------------- ----------------- ----------------- -----------------to to to to---------------- ---------------- ---------------- ----------------is true to my own knowledge and belief and is true to my own knowledge and belief and is true to my own knowledge and belief and is true to my own knowledge and belief and
what is stated in paragraph what is stated in paragraph what is stated in paragraph what is stated in paragraph------------- ------------- ------------- -------------is based on the information and legal is based on the information and legal is based on the information and legal is based on the information and legal
advi advi advi advice which I belief to be true and correct. ce which I belief to be true and correct. ce which I belief to be true and correct. ce which I belief to be true and correct.

(Solemnly affirmed at Mumbai) This day of 2011 (Solemnly affirmed at Mumbai) This day of 2011 (Solemnly affirmed at Mumbai) This day of 2011 (Solemnly affirmed at Mumbai) This day of 2011

Before me. Before me. Before me. Before me.
Deponent Deponent Deponent Deponent

32

WRIT PETITION NO. OF WRIT PETITION NO. OF WRIT PETITION NO. OF WRIT PETITION NO. OF 2011 2011 2011 2011

V/S V/S V/S V/S

MEMO OF APPEARENCE MEMO OF APPEARENCE MEMO OF APPEARENCE MEMO OF APPEARENCE
To, To, To, To,
The Prothonotary & Senior Master (FOR ORIGINAL JURISDICTION) The Prothonotary & Senior Master (FOR ORIGINAL JURISDICTION) The Prothonotary & Senior Master (FOR ORIGINAL JURISDICTION) The Prothonotary & Senior Master (FOR ORIGINAL JURISDICTION)
The Registar General (FOR APPELLATE JURISDICTION) The Registar General (FOR APPELLATE JURISDICTION) The Registar General (FOR APPELLATE JURISDICTION) The Registar General (FOR APPELLATE JURISDICTION)
The Hon. Bombay High Court, The Hon. Bombay High Court, The Hon. Bombay High Court, The Hon. Bombay High Court,
Mumbai Mumbai Mumbai Mumbai- -- - 400 032. 400 032. 400 032. 400 032.

Dear Sir / Madam Dear Sir / Madam Dear Sir / Madam Dear Sir / Madam
Please enter the appearance of the Petitioner No.1 & 2 in the above Please enter the appearance of the Petitioner No.1 & 2 in the above Please enter the appearance of the Petitioner No.1 & 2 in the above Please enter the appearance of the Petitioner No.1 & 2 in the above
Petition in Person. Petition in Person. Petition in Person. Petition in Person.

Our Address for service is as under: Our Address for service is as under: Our Address for service is as under: Our Address for service is as under:
Mr. AAAA Mr. AAAA Mr. AAAA Mr. AAAA
Address Address Address Address: :: :

(1) Mr AAAA, (1) Mr AAAA, (1) Mr AAAA, (1) Mr AAAA,

(2) Mr KKKKK, (2) Mr KKKKK, (2) Mr KKKKK, (2) Mr KKKKK,
Petitioner N Petitioner N Petitioner N Petitioner No.2 o.2 o.2 o.2

Dated this day of , 2011 Dated this day of , 2011 Dated this day of , 2011 Dated this day of , 2011

33

V/S V/S V/S V/S

MEMORANDUM OF REGISTERED ADDRESS MEMORANDUM OF REGISTERED ADDRESS MEMORANDUM OF REGISTERED ADDRESS MEMORANDUM OF REGISTERED ADDRESS

(1) Mr. AAAA (1) Mr. AAAA (1) Mr. AAAA (1) Mr. AAAA ) )) )
Address: aaaaaaaaaaaaaaaaaaa Address: aaaaaaaaaaaaaaaaaaa Address: aaaaaaaaaaaaaaaaaaa Address: aaaaaaaaaaaaaaaaaaa ) )) )
(2) Mr KKKK (2) Mr KKKK (2) Mr KKKK (2) Mr KKKK ) )) )
Address: wwwwwwwwwwww Address: wwwwwwwwwwww Address: wwwwwwwwwwww Address: wwwwwwwwwwww ) .............PETITIONERS ) .............PETITIONERS ) .............PETITIONERS ) .............PETITIONERS

And And And And

(1) The BBBB (1) The BBBB (1) The BBBB (1) The BBBB ) )) )
Address: Address: Address: Address: ) )) )

(2) The CCCC (2) The CCCC (2) The CCCC (2) The CCCC ) )) )
Address: Address: Address: Address: ) ............RESPONDENTS ) ............RESPONDENTS ) ............RESPONDENTS ) ............RESPONDENTS

To, To, To, To,
The Prothonotary & Senior Master (FOR ORIGINAL JURISDICTION) The Prothonotary & Senior Master (FOR ORIGINAL JURISDICTION) The Prothonotary & Senior Master (FOR ORIGINAL JURISDICTION) The Prothonotary & Senior Master (FOR ORIGINAL JURISDICTION)
The Registar General (FOR APPELLATE JURISDICTION) The Registar General (FOR APPELLATE JURISDICTION) The Registar General (FOR APPELLATE JURISDICTION) The Registar General (FOR APPELLATE JURISDICTION)
The Hon. Bombay High Court, The Hon. Bombay High Court, The Hon. Bombay High Court, The Hon. Bombay High Court,
Mumbai Mumbai Mumbai Mumbai- -- - 400 032. 400 032. 400 032. 400 032.

Dear Sir / Madam, Dear Sir / Madam, Dear Sir / Madam, Dear Sir / Madam,
Be pleased to register our address fo Be pleased to register our address fo Be pleased to register our address fo Be pleased to register our address for service as hereunder: r service as hereunder: r service as hereunder: r service as hereunder:

1. Mr AAAAAA 1. Mr AAAAAA 1. Mr AAAAAA 1. Mr AAAAAA

34
2. Mr KKKKKK 2. Mr KKKKKK 2. Mr KKKKKK 2. Mr KKKKKK

Dated this Dated this Dated this Dated this day of , 2011 day of , 2011 day of , 2011 day of , 2011

In Person. In Person. In Person. In Person.

O OO ORDINARY ORIGINAL / APPELLATE CIVIL JURISDICTION RDINARY ORIGINAL / APPELLATE CIVIL JURISDICTION RDINARY ORIGINAL / APPELLATE CIVIL JURISDICTION RDINARY ORIGINAL / APPELLATE CIVIL JURISDICTION
35

V/S V/S V/S V/S

LIST OF DOCUMENTS LIST OF DOCUMENTS LIST OF DOCUMENTS LIST OF DOCUMENTS

1. Exhibit A to B to the Petition. 1. Exhibit A to B to the Petition. 1. Exhibit A to B to the Petition. 1. Exhibit A to B to the Petition.
2. Documents referred to 2. Documents referred to 2. Documents referred to 2. Documents referred to and relied upon in the Petition. and relied upon in the Petition. and relied upon in the Petition. and relied upon in the Petition.

Dated this Dated this Dated this Dated this day of . 2011 day of . 2011 day of . 2011 day of . 2011

IN PERSON. IN PERSON. IN PERSON. IN PERSON.

36
WRIT PETITION NO. OF WRIT PETITION NO. OF WRIT PETITION NO. OF WRIT PETITION NO. OF 2011 2011 2011 2011

V/S V/S V/S V/S

AFFIDAVIT AFFIDAVIT AFFIDAVIT AFFIDAVIT

I, AAAAA, the Petitioner No.1 above named, Adult, Hindu, Indian Inhabitant, I, AAAAA, the Petitioner No.1 above named, Adult, Hindu, Indian Inhabitant, I, AAAAA, the Petitioner No.1 above named, Adult, Hindu, Indian Inhabitant, I, AAAAA, the Petitioner No.1 above named, Adult, Hindu, Indian Inhabitant,
aged about .......do hereby state on solemn affirmation as under: aged about .......do hereby state on solemn affirmation as under: aged about .......do hereby state on solemn affirmation as under: aged about .......do hereby state on solemn affirmation as under:

1. The p 1. The p 1. The p 1. The petitioners have filed the present etitioners have filed the present etitioners have filed the present etitioners have filed the present petition inter petition inter petition inter petition inter- -- -alia for alia for alia for alia for reliefs as more reliefs as more reliefs as more reliefs as more
particularly set out in the petition. I repeat, reiterate and adopt the particularly set out in the petition. I repeat, reiterate and adopt the particularly set out in the petition. I repeat, reiterate and adopt the particularly set out in the petition. I repeat, reiterate and adopt the
statements made in the petition as if the same are incorporated herein and statements made in the petition as if the same are incorporated herein and statements made in the petition as if the same are incorporated herein and statements made in the petition as if the same are incorporated herein and
form part of the present affidavit. form part of the present affidavit. form part of the present affidavit. form part of the present affidavit. I crave leave to refer to and rely upon the I crave leave to refer to and rely upon the I crave leave to refer to and rely upon the I crave leave to refer to and rely upon the
papers and proceedings in the peti papers and proceedings in the peti papers and proceedings in the peti papers and proceedings in the petition when produced. tion when produced. tion when produced. tion when produced.

2. In the said circumstances, I say and submit that the petitioners are entitled 2. In the said circumstances, I say and submit that the petitioners are entitled 2. In the said circumstances, I say and submit that the petitioners are entitled 2. In the said circumstances, I say and submit that the petitioners are entitled
for the reliefs as prayed for and if the same are not granted, irreparable for the reliefs as prayed for and if the same are not granted, irreparable for the reliefs as prayed for and if the same are not granted, irreparable for the reliefs as prayed for and if the same are not granted, irreparable loss loss loss loss
and harm would be caused to the petitioners. I say and submit that this and harm would be caused to the petitioners. I say and submit that this and harm would be caused to the petitioners. I say and submit that this and harm would be caused to the petitioners. I say and submit that this
petition be made absolute with cost. petition be made absolute with cost. petition be made absolute with cost. petition be made absolute with cost.

Solemnly affirmed at Bombay ) Solemnly affirmed at Bombay ) Solemnly affirmed at Bombay ) Solemnly affirmed at Bombay )
This This This This day of . 2011 day of . 2011 day of . 2011 day of . 2011
Before Me, Before Me, Before Me, Before Me,

PETITIONER NO.1 PETITIONER NO.1 PETITIONER NO.1 PETITIONER NO.1

IN THE HIGH COURT OF IN THE HIGH COURT OF IN THE HIGH COURT OF IN THE HIGH COURT OF JUDICATURE AT BOMBAY JUDICATURE AT BOMBAY JUDICATURE AT BOMBAY JUDICATURE AT BOMBAY

37

V/S V/S V/S V/S

CERTIFICATE CERTIFICATE CERTIFICATE CERTIFICATE

To, To, To, To,
The Prothonotary & Senior Master ( For Orig The Prothonotary & Senior Master ( For Orig The Prothonotary & Senior Master ( For Orig The Prothonotary & Senior Master ( For Original Side) inal Side) inal Side) inal Side)
The Registrar General,( For appellate Side) The Registrar General,( For appellate Side) The Registrar General,( For appellate Side) The Registrar General,( For appellate Side)
The Hon'ble Bombay High Court, The Hon'ble Bombay High Court, The Hon'ble Bombay High Court, The Hon'ble Bombay High Court,
Mumbai Mumbai Mumbai Mumbai - -- - 400032 400032 400032 400032

1. 1. 1. 1. The Present Petition is The Present Petition is The Present Petition is The Present Petition is filed wherein Respondents are exhibiting utter filed wherein Respondents are exhibiting utter filed wherein Respondents are exhibiting utter filed wherein Respondents are exhibiting utter
disregard to the complaint sent to them by the Petitioners herein, thereby disregard to the complaint sent to them by the Petitioners herein, thereby disregard to the complaint sent to them by the Petitioners herein, thereby disregard to the complaint sent to them by the Petitioners herein, thereby
fr fr fr frustrating fundamental right of the Petitioners enshrined under Article 14 of ustrating fundamental right of the Petitioners enshrined under Article 14 of ustrating fundamental right of the Petitioners enshrined under Article 14 of ustrating fundamental right of the Petitioners enshrined under Article 14 of
the Constitution of India, and seeking relief by way of this Writ Petition to the Constitution of India, and seeking relief by way of this Writ Petition to the Constitution of India, and seeking relief by way of this Writ Petition to the Constitution of India, and seeking relief by way of this Writ Petition to
direct the Respondents to make a proper reply to the Petitioners herein. direct the Respondents to make a proper reply to the Petitioners herein. direct the Respondents to make a proper reply to the Petitioners herein. direct the Respondents to make a proper reply to the Petitioners herein.

2. 2. 2. 2. Therefore this Writ Pet Therefore this Writ Pet Therefore this Writ Pet Therefore this Writ Petition is filed for which this Court has Jurisdiction ition is filed for which this Court has Jurisdiction ition is filed for which this Court has Jurisdiction ition is filed for which this Court has Jurisdiction
and therefore be placed before the concerned bench as per High Court Rule and therefore be placed before the concerned bench as per High Court Rule and therefore be placed before the concerned bench as per High Court Rule and therefore be placed before the concerned bench as per High Court Rule
636(1)(b). 636(1)(b). 636(1)(b). 636(1)(b).

Dated this Dated this Dated this Dated this day of . 2011 day of . 2011 day of . 2011 day of . 2011


Writ Petition Writ Petition Writ Petition Writ Petition
Under Art Under Art Under Art Under Article 226 of Constitution of India. icle 226 of Constitution of India. icle 226 of Constitution of India. icle 226 of Constitution of India.
38


Mr. AAAA & OTHERS .... PETITIONERS Mr. AAAA & OTHERS .... PETITIONERS Mr. AAAA & OTHERS .... PETITIONERS Mr. AAAA & OTHERS .... PETITIONERS

V/S V/S V/S V/S

THE BBBB & OTHERS .RESPONDENTS THE BBBB & OTHERS .RESPONDENTS THE BBBB & OTHERS .RESPONDENTS THE BBBB & OTHERS .RESPONDENTS

WRIT P E T I T I O N WRIT P E T I T I O N WRIT P E T I T I O N WRIT P E T I T I O N

DATE THIS DAY OF 2011 DATE THIS DAY OF 2011 DATE THIS DAY OF 2011 DATE THIS DAY OF 2011

Mr. AAAA Mr. AAAA Mr. AAAA Mr. AAAA
Address: Address: Address: Address:
IN PERSON IN PERSON IN PERSON IN PERSON

(This page is called Docket. This is the last page of the Petition. (This page is called Docket. This is the last page of the Petition. (This page is called Docket. This is the last page of the Petition. (This page is called Docket. This is the last page of the Petition.

Notes to Format of Writ Notes to Format of Writ Notes to Format of Writ Notes to Format of Writ

1. If Public Auth to whom Respondent is made, is situated within Mumbai city 1. If Public Auth to whom Respondent is made, is situated within Mumbai city 1. If Public Auth to whom Respondent is made, is situated within Mumbai city 1. If Public Auth to whom Respondent is made, is situated within Mumbai city
than Bomba than Bomba than Bomba than Bombay High Court (BHC) has Original Jurisdiction and if it is situated y High Court (BHC) has Original Jurisdiction and if it is situated y High Court (BHC) has Original Jurisdiction and if it is situated y High Court (BHC) has Original Jurisdiction and if it is situated
39
outside Mumbai city, then BHC has Appellate Jurisdiction. If Respondents are outside Mumbai city, then BHC has Appellate Jurisdiction. If Respondents are outside Mumbai city, then BHC has Appellate Jurisdiction. If Respondents are outside Mumbai city, then BHC has Appellate Jurisdiction. If Respondents are
situated both in Mumbai and outside Mumbai, than the Court will have situated both in Mumbai and outside Mumbai, than the Court will have situated both in Mumbai and outside Mumbai, than the Court will have situated both in Mumbai and outside Mumbai, than the Court will have
Original Jurisdiction. Original Jurisdiction. Original Jurisdiction. Original Jurisdiction.

2. In every Writ Pe 2. In every Writ Pe 2. In every Writ Pe 2. In every Writ Petition, if it involves any agency of the State Govt, than the tition, if it involves any agency of the State Govt, than the tition, if it involves any agency of the State Govt, than the tition, if it involves any agency of the State Govt, than the
Chief Secretary of respective State Govt must be made as one of the Chief Secretary of respective State Govt must be made as one of the Chief Secretary of respective State Govt must be made as one of the Chief Secretary of respective State Govt must be made as one of the
Respondents. If the matter involve any Central Govt public Authority than Respondents. If the matter involve any Central Govt public Authority than Respondents. If the matter involve any Central Govt public Authority than Respondents. If the matter involve any Central Govt public Authority than
Union of India (Govt of India) must be made as one o Union of India (Govt of India) must be made as one o Union of India (Govt of India) must be made as one o Union of India (Govt of India) must be made as one of the Respondents. f the Respondents. f the Respondents. f the Respondents.

3. If matter involves Railways, then General Manager of Ministry of railways 3. If matter involves Railways, then General Manager of Ministry of railways 3. If matter involves Railways, then General Manager of Ministry of railways 3. If matter involves Railways, then General Manager of Ministry of railways
should be made as Respondents. should be made as Respondents. should be made as Respondents. should be made as Respondents.

PREPARATION OF PETITION PREPARATION OF PETITION PREPARATION OF PETITION PREPARATION OF PETITION

(1) Petition has to be made on ledger paper (green colored foolscap sized) in (1) Petition has to be made on ledger paper (green colored foolscap sized) in (1) Petition has to be made on ledger paper (green colored foolscap sized) in (1) Petition has to be made on ledger paper (green colored foolscap sized) in
Two sets. Margin of 1.5 inches on either side of page must be provided. Two sets. Margin of 1.5 inches on either side of page must be provided. Two sets. Margin of 1.5 inches on either side of page must be provided. Two sets. Margin of 1.5 inches on either side of page must be provided.
40
Lettering should be double spaced. Both front and back page can be used Lettering should be double spaced. Both front and back page can be used Lettering should be double spaced. Both front and back page can be used Lettering should be double spaced. Both front and back page can be used
while making print out. Petition has to be prepared in English. If any exhibits while making print out. Petition has to be prepared in English. If any exhibits while making print out. Petition has to be prepared in English. If any exhibits while making print out. Petition has to be prepared in English. If any exhibits
are in language other than Engli are in language other than Engli are in language other than Engli are in language other than English, than English translated copy must also be sh, than English translated copy must also be sh, than English translated copy must also be sh, than English translated copy must also be
annexed. annexed. annexed. annexed.

(2) Judicial Stamp fee is to be affixed for Rs.250/ (2) Judicial Stamp fee is to be affixed for Rs.250/ (2) Judicial Stamp fee is to be affixed for Rs.250/ (2) Judicial Stamp fee is to be affixed for Rs.250/- -- -. The same can be . The same can be . The same can be . The same can be
obtained from vendors at High Court premises and some also sit outside HC obtained from vendors at High Court premises and some also sit outside HC obtained from vendors at High Court premises and some also sit outside HC obtained from vendors at High Court premises and some also sit outside HC
premises. Judicial Stamp fee of Rs.5/ premises. Judicial Stamp fee of Rs.5/ premises. Judicial Stamp fee of Rs.5/ premises. Judicial Stamp fee of Rs.5/- -- - to be affixed on to be affixed on to be affixed on to be affixed on Affidavit. Affidavit. Affidavit. Affidavit.

(3) (3) (3) (3) All Exhibits on both sets are to be put stamp of True copy (at the bottom All Exhibits on both sets are to be put stamp of True copy (at the bottom All Exhibits on both sets are to be put stamp of True copy (at the bottom All Exhibits on both sets are to be put stamp of True copy (at the bottom
on the last page of every exhibit) and to be signed by the Petitioner who is on the last page of every exhibit) and to be signed by the Petitioner who is on the last page of every exhibit) and to be signed by the Petitioner who is on the last page of every exhibit) and to be signed by the Petitioner who is
going for Affirmation / Notarized. Also, verification page of 2nd set & Memo going for Affirmation / Notarized. Also, verification page of 2nd set & Memo going for Affirmation / Notarized. Also, verification page of 2nd set & Memo going for Affirmation / Notarized. Also, verification page of 2nd set & Memo
of Appeara of Appeara of Appeara of Appearance of 2nd set is to be marked as True copy and to be signed by nce of 2nd set is to be marked as True copy and to be signed by nce of 2nd set is to be marked as True copy and to be signed by nce of 2nd set is to be marked as True copy and to be signed by
the petitioner going for filing. the petitioner going for filing. the petitioner going for filing. the petitioner going for filing.

(4) A presentation form is to be attached and to be duly filled. (Available with (4) A presentation form is to be attached and to be duly filled. (Available with (4) A presentation form is to be attached and to be duly filled. (Available with (4) A presentation form is to be attached and to be duly filled. (Available with
WRIT CELL) WRIT CELL) WRIT CELL) WRIT CELL)

(5) The Petition is to be binded with a light mint blue card boar (5) The Petition is to be binded with a light mint blue card boar (5) The Petition is to be binded with a light mint blue card boar (5) The Petition is to be binded with a light mint blue card board paper. (This d paper. (This d paper. (This d paper. (This
blue cover is available in Room No.18, ground floor, Bombay High Court main blue cover is available in Room No.18, ground floor, Bombay High Court main blue cover is available in Room No.18, ground floor, Bombay High Court main blue cover is available in Room No.18, ground floor, Bombay High Court main
building) building) building) building)

(6) After preparing petition in two sets, and affixing Stamps, it needs to be (6) After preparing petition in two sets, and affixing Stamps, it needs to be (6) After preparing petition in two sets, and affixing Stamps, it needs to be (6) After preparing petition in two sets, and affixing Stamps, it needs to be
stitched. The same can be done on 3rd floor of main building of high Court, stitched. The same can be done on 3rd floor of main building of high Court, stitched. The same can be done on 3rd floor of main building of high Court, stitched. The same can be done on 3rd floor of main building of high Court,
at Writ Cell (Appellate) and also at first floor of original side of Writ Cell, at Writ Cell (Appellate) and also at first floor of original side of Writ Cell, at Writ Cell (Appellate) and also at first floor of original side of Writ Cell, at Writ Cell (Appellate) and also at first floor of original side of Writ Cell,
annexed building. annexed building. annexed building. annexed building.

(7) There may be more than one Petitioner to the case. All the Petitioners has (7) There may be more than one Petitioner to the case. All the Petitioners has (7) There may be more than one Petitioner to the case. All the Petitioners has (7) There may be more than one Petitioner to the case. All the Petitioners has
to sign on three documents to sign on three documents to sign on three documents to sign on three documents- -- - (1) At the end of Petition, just before Verificati (1) At the end of Petition, just before Verificati (1) At the end of Petition, just before Verificati (1) At the end of Petition, just before Verification on on on
clause; (2) Memo of Appearance; (3) Memo of Registered Address. Any one clause; (2) Memo of Appearance; (3) Memo of Registered Address. Any one clause; (2) Memo of Appearance; (3) Memo of Registered Address. Any one clause; (2) Memo of Appearance; (3) Memo of Registered Address. Any one
of the Petitioner is required to go for filing and all may not go. of the Petitioner is required to go for filing and all may not go. of the Petitioner is required to go for filing and all may not go. of the Petitioner is required to go for filing and all may not go.

PROCEDURE for filing PROCEDURE for filing PROCEDURE for filing PROCEDURE for filing

( (( (1). Filing begins with affirmation before designated Officer. Also, instead of 1). Filing begins with affirmation before designated Officer. Also, instead of 1). Filing begins with affirmation before designated Officer. Also, instead of 1). Filing begins with affirmation before designated Officer. Also, instead of
41
affirma affirma affirma affirmation before the designated officer, the Petition may be Notarized. tion before the designated officer, the Petition may be Notarized. tion before the designated officer, the Petition may be Notarized. tion before the designated officer, the Petition may be Notarized.
Affirmation of Petitioner is to be done at ground floor of Annex Building Affirmation of Petitioner is to be done at ground floor of Annex Building Affirmation of Petitioner is to be done at ground floor of Annex Building Affirmation of Petitioner is to be done at ground floor of Annex Building
(exactly opp. to main bldg of HC, in the same premises). There is a separate (exactly opp. to main bldg of HC, in the same premises). There is a separate (exactly opp. to main bldg of HC, in the same premises). There is a separate (exactly opp. to main bldg of HC, in the same premises). There is a separate
room for this. Keep Passport/Driving l room for this. Keep Passport/Driving l room for this. Keep Passport/Driving l room for this. Keep Passport/Driving license/PAN card for verification at icense/PAN card for verification at icense/PAN card for verification at icense/PAN card for verification at
Affirmation Counter. Affirmation Counter. Affirmation Counter. Affirmation Counter.

( (( (2) After Affirmation, the Petition (Original Side) should be taken to WRIT CELL 2) After Affirmation, the Petition (Original Side) should be taken to WRIT CELL 2) After Affirmation, the Petition (Original Side) should be taken to WRIT CELL 2) After Affirmation, the Petition (Original Side) should be taken to WRIT CELL
(Original) at first floor of Annex Building; The Petition (Appellate Side) should (Original) at first floor of Annex Building; The Petition (Appellate Side) should (Original) at first floor of Annex Building; The Petition (Appellate Side) should (Original) at first floor of Annex Building; The Petition (Appellate Side) should
be taken to WRIT CELL (Appellate) be taken to WRIT CELL (Appellate) be taken to WRIT CELL (Appellate) be taken to WRIT CELL (Appellate) on 3rd floor of main building of high Court. on 3rd floor of main building of high Court. on 3rd floor of main building of high Court. on 3rd floor of main building of high Court.

( (( (3) In Original Jurisdiction, Petition is to flagged at WRIT CELL (Original) at 3) In Original Jurisdiction, Petition is to flagged at WRIT CELL (Original) at 3) In Original Jurisdiction, Petition is to flagged at WRIT CELL (Original) at 3) In Original Jurisdiction, Petition is to flagged at WRIT CELL (Original) at
First floor of Annex Building; No such flagging is required in Appellate Cases. First floor of Annex Building; No such flagging is required in Appellate Cases. First floor of Annex Building; No such flagging is required in Appellate Cases. First floor of Annex Building; No such flagging is required in Appellate Cases.

( (( (4) The presentation form as stated hereinbefore 4) The presentation form as stated hereinbefore 4) The presentation form as stated hereinbefore 4) The presentation form as stated hereinbefore should be filled up with the should be filled up with the should be filled up with the should be filled up with the
help of clerks at WRIT CELL. Lodging no. for Original cases and Stamp help of clerks at WRIT CELL. Lodging no. for Original cases and Stamp help of clerks at WRIT CELL. Lodging no. for Original cases and Stamp help of clerks at WRIT CELL. Lodging no. for Original cases and Stamp
Number for Appellate cases are then issued. Number for Appellate cases are then issued. Number for Appellate cases are then issued. Number for Appellate cases are then issued.

( (( (5) There are Objections/corrections if any in the Petition are to be removed/ 5) There are Objections/corrections if any in the Petition are to be removed/ 5) There are Objections/corrections if any in the Petition are to be removed/ 5) There are Objections/corrections if any in the Petition are to be removed/
made. In Appellate cases Object made. In Appellate cases Object made. In Appellate cases Object made. In Appellate cases Objections/ corrections are removed at the time of ions/ corrections are removed at the time of ions/ corrections are removed at the time of ions/ corrections are removed at the time of
lodging. In Original cases, after lodging, the Petition is assigned to an Officer lodging. In Original cases, after lodging, the Petition is assigned to an Officer lodging. In Original cases, after lodging, the Petition is assigned to an Officer lodging. In Original cases, after lodging, the Petition is assigned to an Officer
who draws the objections in the Petition. The objections so drawn are to be who draws the objections in the Petition. The objections so drawn are to be who draws the objections in the Petition. The objections so drawn are to be who draws the objections in the Petition. The objections so drawn are to be
complied with. Objections are technical shortcomings complied with. Objections are technical shortcomings complied with. Objections are technical shortcomings complied with. Objections are technical shortcomings in the Petition. in the Petition. in the Petition. in the Petition.

( (( (6) After removing objections/making corrections, the man at WRIT CELL will 6) After removing objections/making corrections, the man at WRIT CELL will 6) After removing objections/making corrections, the man at WRIT CELL will 6) After removing objections/making corrections, the man at WRIT CELL will
give number of the Petition. give number of the Petition. give number of the Petition. give number of the Petition.

( (( (7) After getting the Writ, the copy of petition is to be served to all the 7) After getting the Writ, the copy of petition is to be served to all the 7) After getting the Writ, the copy of petition is to be served to all the 7) After getting the Writ, the copy of petition is to be served to all the
Respondents named in the Petition. Three copies are to Respondents named in the Petition. Three copies are to Respondents named in the Petition. Three copies are to Respondents named in the Petition. Three copies are to be given to State / be given to State / be given to State / be given to State /
Central Govt. Copies to State Govt can be served at respective Original or Central Govt. Copies to State Govt can be served at respective Original or Central Govt. Copies to State Govt can be served at respective Original or Central Govt. Copies to State Govt can be served at respective Original or
Appellate offices of Govt pleaders, situated at ground floor of High Court Appellate offices of Govt pleaders, situated at ground floor of High Court Appellate offices of Govt pleaders, situated at ground floor of High Court Appellate offices of Govt pleaders, situated at ground floor of High Court
PWD building. All other Respondents are to be served one copy only. Proper PWD building. All other Respondents are to be served one copy only. Proper PWD building. All other Respondents are to be served one copy only. Proper PWD building. All other Respondents are to be served one copy only. Proper
acknowledg acknowledg acknowledg acknowledgements of serving must be kept in record. In Central Govt ements of serving must be kept in record. In Central Govt ements of serving must be kept in record. In Central Govt ements of serving must be kept in record. In Central Govt
Respondents, the three copies are to be served at Room no. 242, 2nd floor, Respondents, the three copies are to be served at Room no. 242, 2nd floor, Respondents, the three copies are to be served at Room no. 242, 2nd floor, Respondents, the three copies are to be served at Room no. 242, 2nd floor,
of Aaykar Bhavan, opposite churchgate station. of Aaykar Bhavan, opposite churchgate station. of Aaykar Bhavan, opposite churchgate station. of Aaykar Bhavan, opposite churchgate station.

( (( (8) It is important to keep track as when the case will come for the heari 8) It is important to keep track as when the case will come for the heari 8) It is important to keep track as when the case will come for the heari 8) It is important to keep track as when the case will come for the hearing. ng. ng. ng.
The Officer before objections are removed may be asked to know how one The Officer before objections are removed may be asked to know how one The Officer before objections are removed may be asked to know how one The Officer before objections are removed may be asked to know how one
has to keep track on dates of hearing. has to keep track on dates of hearing. has to keep track on dates of hearing. has to keep track on dates of hearing.
42

( (( (9) Depending upon the urgency of cases, a formal request, (it is called 9) Depending upon the urgency of cases, a formal request, (it is called 9) Depending upon the urgency of cases, a formal request, (it is called 9) Depending upon the urgency of cases, a formal request, (it is called
Mentioning for urgent circulation) can be made before Bench of Chie Mentioning for urgent circulation) can be made before Bench of Chie Mentioning for urgent circulation) can be made before Bench of Chie Mentioning for urgent circulation) can be made before Bench of Chief Justice f Justice f Justice f Justice
for urgent hearing of the case. This Mentioning is made when the Court for urgent hearing of the case. This Mentioning is made when the Court for urgent hearing of the case. This Mentioning is made when the Court for urgent hearing of the case. This Mentioning is made when the Court
proceedings began at 11.00 AM and also at 3.00 PM after Lunch hours and at proceedings began at 11.00 AM and also at 3.00 PM after Lunch hours and at proceedings began at 11.00 AM and also at 3.00 PM after Lunch hours and at proceedings began at 11.00 AM and also at 3.00 PM after Lunch hours and at
5.00 when the court concludes for the day. The Judges hear these formal 5.00 when the court concludes for the day. The Judges hear these formal 5.00 when the court concludes for the day. The Judges hear these formal 5.00 when the court concludes for the day. The Judges hear these formal
requests for first five minu requests for first five minu requests for first five minu requests for first five minutes and give date for the hearing, depending upon tes and give date for the hearing, depending upon tes and give date for the hearing, depending upon tes and give date for the hearing, depending upon
the urgency and merit of the case. The request letter is called Preciepe. the urgency and merit of the case. The request letter is called Preciepe. the urgency and merit of the case. The request letter is called Preciepe. the urgency and merit of the case. The request letter is called Preciepe.
Format of Preciepe is given in later part of this essay. Format of Preciepe is given in later part of this essay. Format of Preciepe is given in later part of this essay. Format of Preciepe is given in later part of this essay.

( (( (10) If the Court allows urgent hearing, than, a proper notice must be se 10) If the Court allows urgent hearing, than, a proper notice must be se 10) If the Court allows urgent hearing, than, a proper notice must be se 10) If the Court allows urgent hearing, than, a proper notice must be served rved rved rved
upon the Respondents to inform them that the matter will come up for upon the Respondents to inform them that the matter will come up for upon the Respondents to inform them that the matter will come up for upon the Respondents to inform them that the matter will come up for
hearing on such a date. hearing on such a date. hearing on such a date. hearing on such a date.

( (( (11) For the first time the case come for preliminary hearing for admission. The 11) For the first time the case come for preliminary hearing for admission. The 11) For the first time the case come for preliminary hearing for admission. The 11) For the first time the case come for preliminary hearing for admission. The
Petitioner is then given opportunity to explain before the Judges as why he Petitioner is then given opportunity to explain before the Judges as why he Petitioner is then given opportunity to explain before the Judges as why he Petitioner is then given opportunity to explain before the Judges as why he
has come to the Court and what his grievance against the Respondents is. has come to the Court and what his grievance against the Respondents is. has come to the Court and what his grievance against the Respondents is. has come to the Court and what his grievance against the Respondents is.

FORMAT OF PRECEIPE FORMAT OF PRECEIPE FORMAT OF PRECEIPE FORMAT OF PRECEIPE

43

Mr. AAAA & OTHER Mr. AAAA & OTHER Mr. AAAA & OTHER Mr. AAAA & OTHERS S S S .... PETITIONERS .... PETITIONERS .... PETITIONERS .... PETITIONERS
V/S V/S V/S V/S
THEBBBB & OTHERS THEBBBB & OTHERS THEBBBB & OTHERS THEBBBB & OTHERS .RESPONDENTS .RESPONDENTS .RESPONDENTS .RESPONDENTS

PRECEIPE PRECEIPE PRECEIPE PRECEIPE

To, To, To, To,
The Prothonotary & Senior Master ( For Original Side) The Prothonotary & Senior Master ( For Original Side) The Prothonotary & Senior Master ( For Original Side) The Prothonotary & Senior Master ( For Original Side)
The Registrar General,( For appellate Side) The Registrar General,( For appellate Side) The Registrar General,( For appellate Side) The Registrar General,( For appellate Side)
The Hon'ble Bombay High Court, The Hon'ble Bombay High Court, The Hon'ble Bombay High Court, The Hon'ble Bombay High Court,
Mumbai Mumbai Mumbai Mumbai - -- - 400032 400032 400032 400032

Dear Sir / Madam Dear Sir / Madam Dear Sir / Madam Dear Sir / Madam

I will I will I will I will mention today the above referred Preciepe For expeditious hearing mention today the above referred Preciepe For expeditious hearing mention today the above referred Preciepe For expeditious hearing mention today the above referred Preciepe For expeditious hearing
before the bench of Hon'ble Justice. (Briefly state about urgency of before the bench of Hon'ble Justice. (Briefly state about urgency of before the bench of Hon'ble Justice. (Briefly state about urgency of before the bench of Hon'ble Justice. (Briefly state about urgency of
matter) matter) matter) matter)

Kindly do the needful as directed. Kindly do the needful as directed. Kindly do the needful as directed. Kindly do the needful as directed.

Thanking you, Thanking you, Thanking you, Thanking you,
Yours faithfully, Yours faithfully, Yours faithfully, Yours faithfully,

Petitioner Petitioner Petitioner Petitioner

Writ Draft

Enviado por

Dados do documento

Direitos autorais

Formatos disponíveis

Compartilhar este documento

Compartilhar ou incorporar documento

Opções de compartilhamento

Você considera este documento útil?

Este conteúdo é inapropriado?

Direitos autorais:

Formatos disponíveis

Writ Draft

Enviado por

Direitos autorais:

Formatos disponíveis

1

Você também pode gostar