Can govt. file writ under article 226 ?

arvind (Querist) 24 September 2013 This query is : Resolved
Restrictions were imposed on land around 200 meters of defense establishment at Gwalior MP.,under works of defense act 1903.The act provides that the collector of the district will calculate and award compensation toland owners in view of restrictions imposed by central govt. ,the act also says that collectors decision will be final.Collector awarded the compensation, in place of paying the same central govt. have gone for writ in the high court asking to stay the collectors order,while as per the scheme of works of defense act 1903 it is ther own order passed by the collector authorized and duty bound under the act, is writ maintainable, filed by govt. against its own order ?

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Isaac Gabriel (Expert) 24 September 2013
Writ could be filed against the Government and Government controlled bodies if at all any vilation is apparent and infringement of rights.Government need not go for writ since any wrong committed by its offcials could be reversed by an executive order.

Ms.Nirmala P.Rao (Expert) 24 September 2013
Dear Client,

A private individual alone can file a Writ under Article 226 of the Constitution of India against "State" within the meaning of Art. 12 of Constitution of India for violation of any of his fundamental rights as laid down in Chapter III of the Constitution of India and not vice versa If its officials make any orders a State can nullify such orders or bypass them by an executive order.

Ms.Nirmala P.Rao
Legal Expert