Writ of mandamus
AZAD
(Querist) 20 February 2014
This query is : Resolved
Q. If a pubic Servant(Chairman Sunni Central Wakf Board) orders District Magistrate enquiry pursuant to a complain which was presented before him regarding the non Auditing of Wakf Property by Mutawalli of that Wakf Property, then if without waiting the report of its own constituted DM enquiry, such public servant maintained the Audit of such property in collusion with Mutawalli then in such case whether Writ of Mandamus is maintainable against Public Servant.
Devajyoti Barman
(Expert) 20 February 2014
Yes , writ of quo warranto lies but the case has not much merit.
Raj Kumar Makkad
(Expert) 21 February 2014
Though writ is maintaianble but it shall be wise to file a civil suit under Wakf Property Act before the Special Judge instead of filing writ.
Rajendra K Goyal
(Expert) 21 February 2014
in the given circumstances, agree with the expert raj kumar makkad ji.
AZAD
(Querist) 21 February 2014
@ Mr. Raj Kumar Makkad sir but this dispute is not at all related with Wakf dispute it is only a administrative illegality by a public servant who did not wait his own constituted DM enquiry, now the purpose of that enqury would frustrated. Most importantly it was the chairman who himself ordered enquiry to know the Audit status of that Wakf property.
Biswanath Roy
(Expert) 22 February 2014
If any public officer holding his public office does not discharge his statutory duties in accordance to law as enjoined upon him and/or act in deviating from the tenets enshrined in our Constitution then WRIT OF MANDAMUS attracts.
T. Kalaiselvan, Advocate
(Expert) 22 February 2014
I agree with Mr.Roy in his opinion and I too suggest that a writ of mandamus may be preferred as a legal option to the issue.
Anirudh
(Expert) 22 February 2014
In the given facts there is absolutely no room for any QUO WARRANTO writ petition at all.
AZAD
(Querist) 28 February 2014
@ Biswanath Roy sir can you give me ur Num.
really thanks for all learned Advocates opinions and planning to proceed with writ.
