Compensation claims by using writ petition

A Writ petition can be filed against a private body or person if the body is performing a public duty.

The scope of mandamus is limited to enforcing public duty. The nature of the duty is the determining factor, not the identity of the authority.

A writ court can award compensation to an aggrieved person against a wrongdoer for breaching their public duty.

However, a writ petition may be refused if:

The right and liability are created by a statute that prescribes a remedy or procedure for enforcing.

The private person is not invoking writ jurisdiction to resolve a service-related dispute unless the services are governed by statutory provisions.

OK! got it. What about FIR cannot be issued for a writ filed for compensation claims.

• "Public Duty:

  • A writ petition can be filed against a private body or person only if they are performing a public duty. This means the private entity's actions must have a public aspect to be challenged via writ.

• Mandamus Scope:

  • Mandamus is a type of writ that orders a public authority to perform a public duty they are required by law to perform. Its scope is specifically limited to enforcing public duties rather than private disputes.

• Nature of Duty:

  • The focus is on the nature of the duty being performed, not who is performing it. This means whether it’s a government body or a private entity, if the duty is public, a writ can be sought.

• Compensation:

  • A court hearing a writ petition can award compensation to a person harmed by the failure of the body to perform its public duty.

• Conditions Where Writ Petition May Be Refused:

  • Statutory Remedies:

    • If the right and liability in question are governed by a specific statute that also prescribes a remedy or procedure for enforcement, a writ petition may be refused.

  • Service-related Disputes:

    • Writ petitions are generally not used for resolving service-related disputes with private entities, unless those services are governed by statutory provisions."