Writ of Mandamus against public authorities not performing their statutory duties is maintainable with out going to civil court

Dear Client,

A writ of mandamus may be maintainable even where an alternative civil remedy is available, However, the availability of an alternative remedy is a relevant consideration for the High Court while exercising its jurisdiction under Article 226. Even though courts expect exhaustion of alternate statutory/civil remedy before entertaining a writ petition, this does not apply if the fundamental right of a citizen is violated, when there is complete failure of the concerned authority to take any action, and even when there is failure to act in spite of a statutory obligation. These circumstances may justify invoking the writ jurisdiction of the High Court, particularly because the public authorities have allegedly failed to discharge their statutory duties despite repeated written representations and directions from superior authorities. Such persistent inaction may also be challenged as arbitrary exercise or non-exercise of public power under Article 14, depending on the facts and evidence.

This case may not fall under those exceptional cases in which the High Court needs to decide the facts, thereby making it appropriate to go for a civil suit. In your case, the Deputy CEO and Tahsildar have already issued written directions declaring that the encroachment on the land is illegal and should be removed in accordance with Section 53 of the Bombay Village Panchayat Act, 1959 and Maharashtra Land Revenue Code, 1966. This case involves only inaction by the concerned authorities with regard to enforcing a decision already.

I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you.

Dear Client, 

Firstly, a Writ Petition under Article 226 of the Constitution seeking a Writ of Mandamus is fully maintainable directly before the High Court. You do not need to file a civil suit, as you are not litigating a private title dispute, but compelling public officials to perform their mandatory duties. The refusal of local authorities to clear a mapped public road, despite explicit written directions from the Deputy CEO and Tahsildar, constitutes administrative unresponsiveness that directly violates the farmers’ constitutional right to livelihood under Article 21. 

Secondly, under Section 53 of the Maharashtra Village Panchayats Act, 1959, and Section 143 of the Maharashtra Land Revenue Code, 1966, the Gram Panchayat, BDO, and Tahsildar hold clear statutory obligations to remove encroachments blocking access to agricultural lands. The High Court can issue an order overriding local political interference and compelling these public bodies to execute their legal duty.

Lastly, your petition should pray for a time-bound directive commanding the District Collector, BDO, and local police to remove the physical obstruction immediately. Moreover, request directions for disciplinary proceedings against the Sarpanch and Gramsevak for wilful negligence of duty. Ensure to attach the official village map, written orders from superior officers, and photo proof of the blockage as core evidence.

I hope this answer helps, if you have any other query kindly do not hesitate to contact us. Thank you.

Dear Client,

I understand your concern. Based on your legal query, you can definitely directly approach the Bombay High Court for filing the Writ of Mandamus without first approaching the Civil Court. Along with the writ petition, you should attach all the evidences where you approached all the appropriate authority dealing with your matter, but received no response from them. You should urgently approach a lawyer who can help you with filing the writ petition and also guide you through the process.

Hope this answer helps!

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