M/S RAM SINGH VIJAY PAL SINGH AND ORS. versus STATE OF U.P. AND ORS.

M/S RAM SINGH VIJAY PAL SINGH AND ORS. versus STATE OF U.P. AND ORS.

Traders have no statutory or legal right to demand transfer of shops/godowns on hire-purchase basis; the alleged letter from Director had no authority; the decision on mode of disposal is a policy matter not open to judicial intervention. Mandamus cannot be issued absent a statutory duty and enforceable right.

Parties
Appellants: Ram Singh Vijay Pal Singh and others; Respondents: State of U.P. and others
Jurisdiction
India
Judgment Date
01 May 2007
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Dismissing Writ Petition at Admission Stage
Outcome
Appeal dismissed with costs.
Legal Topics
Judicial Review of Policy Decisions, Allotment of Government Property, Writ of Mandamus, Statutory Duties
Administrative Law Property Law Constitutional Law Judicial Review of Policy Decisions Allotment of Government Property Writ of Mandamus Statutory Duties

Case Brief

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Parties

Ram Singh Vijay Pal Singh and others

Appellants

State of U.P. and others

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Dismissing Writ Petition at Admission Stage

Legal Issues

  1. 1 Whether traders have a legal right to claim transfer of shops/godowns/sheds on hire-purchase basis from Mandi Parishad.
  2. 2 Whether the letter from the Director, Mandi Parishad, conferred such a right or assurance.
  3. 3 Whether the mode of transfer (lease or hire-purchase) is subject to judicial review or a matter of policy.

Ratio Decidendi

Traders have no statutory or legal right to demand transfer of shops/godowns on hire-purchase basis; the alleged letter from Director had no authority; the decision on mode of disposal is a policy matter not open to judicial intervention. Mandamus cannot be issued absent a statutory duty and enforceable right.

Court Disposition

Appeal dismissed with costs.