Writ Draft

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The format of Writ PetitionThe format of Writ PetitionThe format of Writ PetitionThe format of Writ Petition

Brief introduction about Writ Petition:Brief introduction about Writ Petition:Brief introduction about Writ Petition:Brief introduction about Writ Petition:

As we have seen above, in modern times, Peoples' Security and Progress are As we have seen above, in modern times, Peoples' Security and Progress are As we have seen above, in modern times, Peoples' Security and Progress are As we have seen above, in modern times, Peoples' Security and Progress are

sought to be secured through codified laws and scheme of Justice is thus sought to be secured through codified laws and scheme of Justice is thus sought to be secured through codified laws and scheme of Justice is thus sought to be secured through codified laws and scheme of Justice is thus

introduced to secure that Security and Pintroduced to secure that Security and Pintroduced to secure that Security and Pintroduced to secure that Security and Progress. rogress. rogress. rogress.

The whole scheme of Justice it appears in its most common acceptation The whole scheme of Justice it appears in its most common acceptation The whole scheme of Justice it appears in its most common acceptation The whole scheme of Justice it appears in its most common acceptation

implies the rendering of every man his due, that isimplies the rendering of every man his due, that isimplies the rendering of every man his due, that isimplies the rendering of every man his due, that is---- his rights. The exercise of his rights. The exercise of his rights. The exercise of his rights. The exercise of

adjudicating and declaring rights and legal obligation of parties, by adjudicating and declaring rights and legal obligation of parties, by adjudicating and declaring rights and legal obligation of parties, by adjudicating and declaring rights and legal obligation of parties, by

employing laws of the laemploying laws of the laemploying laws of the laemploying laws of the land and the principle of equity, by a competent court nd and the principle of equity, by a competent court nd and the principle of equity, by a competent court nd and the principle of equity, by a competent court

of jurisdiction, may be called as the exercise of administering justice.of jurisdiction, may be called as the exercise of administering justice.of jurisdiction, may be called as the exercise of administering justice.of jurisdiction, may be called as the exercise of administering justice.

Writ implies Power of the Constitutional Courts like the High Courts and the Writ implies Power of the Constitutional Courts like the High Courts and the Writ implies Power of the Constitutional Courts like the High Courts and the Writ implies Power of the Constitutional Courts like the High Courts and the

Supreme Court to give authoritative directions to anSupreme Court to give authoritative directions to anSupreme Court to give authoritative directions to anSupreme Court to give authoritative directions to any Public Authority, or to y Public Authority, or to y Public Authority, or to y Public Authority, or to

private persons, to do something or refrain from doing something. Petition private persons, to do something or refrain from doing something. Petition private persons, to do something or refrain from doing something. Petition private persons, to do something or refrain from doing something. Petition

means the making of Complaint to appropriate Court of law. means the making of Complaint to appropriate Court of law. means the making of Complaint to appropriate Court of law. means the making of Complaint to appropriate Court of law.

The true scope of Writ Jurisdiction of High Courts under Article 226 of the The true scope of Writ Jurisdiction of High Courts under Article 226 of the The true scope of Writ Jurisdiction of High Courts under Article 226 of the The true scope of Writ Jurisdiction of High Courts under Article 226 of the

Constitution of InConstitution of InConstitution of InConstitution of India was so beautifully and neatly explained by Honble dia was so beautifully and neatly explained by Honble dia was so beautifully and neatly explained by Honble dia was so beautifully and neatly explained by Honble

Supreme Court in the case of Mohammed Hanif versus State of Assam Supreme Court in the case of Mohammed Hanif versus State of Assam Supreme Court in the case of Mohammed Hanif versus State of Assam Supreme Court in the case of Mohammed Hanif versus State of Assam

reported in (1969) 2 SCC 782reported in (1969) 2 SCC 782reported in (1969) 2 SCC 782reported in (1969) 2 SCC 782---- The Court said The Court said The Court said The Court said---- In a proceeding under Article In a proceeding under Article In a proceeding under Article In a proceeding under Article

226, the High Court is not concerned merely with the determ226, the High Court is not concerned merely with the determ226, the High Court is not concerned merely with the determ226, the High Court is not concerned merely with the determination of ination of ination of ination of

private rights of the parties; the only object of such a proceeding under private rights of the parties; the only object of such a proceeding under private rights of the parties; the only object of such a proceeding under private rights of the parties; the only object of such a proceeding under

Article 226 is to ensure that law of the land is implicitly obeyed and that Article 226 is to ensure that law of the land is implicitly obeyed and that Article 226 is to ensure that law of the land is implicitly obeyed and that Article 226 is to ensure that law of the land is implicitly obeyed and that

various authorities and tribunals act within the limits of their respective various authorities and tribunals act within the limits of their respective various authorities and tribunals act within the limits of their respective various authorities and tribunals act within the limits of their respective

jurisdiction. jurisdiction. jurisdiction. jurisdiction.

TheTheTheThe Writ Petition is kind of a remedy given to people of India for enforcement Writ Petition is kind of a remedy given to people of India for enforcement Writ Petition is kind of a remedy given to people of India for enforcement Writ Petition is kind of a remedy given to people of India for enforcement

of their rights against the Govt and its various agencies, and in exceptional of their rights against the Govt and its various agencies, and in exceptional of their rights against the Govt and its various agencies, and in exceptional of their rights against the Govt and its various agencies, and in exceptional

circumstances, the Writ Jurisdiction may be invoked against private persons circumstances, the Writ Jurisdiction may be invoked against private persons circumstances, the Writ Jurisdiction may be invoked against private persons circumstances, the Writ Jurisdiction may be invoked against private persons

who are discharging functiwho are discharging functiwho are discharging functiwho are discharging functions which are essentially of public nature, or say ons which are essentially of public nature, or say ons which are essentially of public nature, or say ons which are essentially of public nature, or say

directly concerned with public welfare. directly concerned with public welfare. directly concerned with public welfare. directly concerned with public welfare.

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FORMAT OF PETITIONFORMAT OF PETITIONFORMAT OF PETITIONFORMAT OF PETITION

IN THE HIGH COURT OF JUDICATURE AT BOMBAYIN THE HIGH COURT OF JUDICATURE AT BOMBAYIN THE HIGH COURT OF JUDICATURE AT BOMBAYIN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL / APPELLATE CIVIL JURISDICTIONORDINARY ORIGINAL / APPELLATE CIVIL JURISDICTIONORDINARY ORIGINAL / APPELLATE CIVIL JURISDICTIONORDINARY ORIGINAL / APPELLATE CIVIL JURISDICTION

WRIT PETITION NO. OF 2011WRIT PETITION NO. OF 2011WRIT PETITION NO. OF 2011WRIT PETITION NO. OF 2011

Mr. AAAA &Mr. AAAA &Mr. AAAA &Mr. AAAA & OTHERS OTHERS OTHERS OTHERS .... PETITIONERS.... PETITIONERS.... PETITIONERS.... PETITIONERS

V/S V/S V/S V/S

THETHETHETHE BBBB & OTHERS BBBB & OTHERS BBBB & OTHERS BBBB & OTHERS .RESPONDENTS .RESPONDENTS .RESPONDENTS .RESPONDENTS

INDEX INDEX INDEX INDEX

Sr.NO. DATESr.NO. DATESr.NO. DATESr.NO. DATE PARTICULARS PARTICULARS PARTICULARS PARTICULARS PAGE NO. PAGE NO. PAGE NO. PAGE NO.

1. 1. 1. 1. PROFORMAPROFORMAPROFORMAPROFORMA

2. 2. 2. 2. SYNOPSISSYNOPSISSYNOPSISSYNOPSIS

3. 3. 3. 3. POINTS, AUTHORITIES & ACTSPOINTS, AUTHORITIES & ACTSPOINTS, AUTHORITIES & ACTSPOINTS, AUTHORITIES & ACTS

4. 4. 4. 4. THE PETITIONTHE PETITIONTHE PETITIONTHE PETITION

5. 5. 5. 5. VERIFICATIONVERIFICATIONVERIFICATIONVERIFICATION

6. 6. 6. 6. MEMO OF APPEARANCEMEMO OF APPEARANCEMEMO OF APPEARANCEMEMO OF APPEARANCE

7. 7. 7. 7. MEMORANMEMORANMEMORANMEMORANDUM OF REGISTERED ADDRESSDUM OF REGISTERED ADDRESSDUM OF REGISTERED ADDRESSDUM OF REGISTERED ADDRESS

8. 8. 8. 8. LIST OF DOCUMENTSLIST OF DOCUMENTSLIST OF DOCUMENTSLIST OF DOCUMENTS

9. 9. 9. 9. EXHIBIT AEXHIBIT AEXHIBIT AEXHIBIT A

10. 10. 10. 10. AFFIDAVIT IN SUPPORT.AFFIDAVIT IN SUPPORT.AFFIDAVIT IN SUPPORT.AFFIDAVIT IN SUPPORT.

11. 11. 11. 11. CERTIFICATECERTIFICATECERTIFICATECERTIFICATE

( This is the first page of the Petition)( This is the first page of the Petition)( This is the first page of the Petition)( This is the first page of the Petition)

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Mr. AAAA & OTHERS Mr. AAAA & OTHERS Mr. AAAA & OTHERS Mr. AAAA & OTHERS .... PETITIONERS.... PETITIONERS.... PETITIONERS.... PETITIONERS

V/S V/S V/S V/S


____________________________________________________________________________________________________________________________________________________________________________

Office Notes, Office Memorunda of Office Notes, Office Memorunda of Office Notes, Office Memorunda of Office Notes, Office Memorunda of

Corom. Appendices. Courts order or Courts of JudgeCorom. Appendices. Courts order or Courts of JudgeCorom. Appendices. Courts order or Courts of JudgeCorom. Appendices. Courts order or Courts of Judgessss

Direction and prothonartys order orders.Direction and prothonartys order orders.Direction and prothonartys order orders.Direction and prothonartys order orders.

(This page is called proforma as stated in the Index. In this page, the (This page is called proforma as stated in the Index. In this page, the (This page is called proforma as stated in the Index. In this page, the (This page is called proforma as stated in the Index. In this page, the

Presiding Judge records important points that emerged during course of Presiding Judge records important points that emerged during course of Presiding Judge records important points that emerged during course of Presiding Judge records important points that emerged during course of

hearing. This proforma is to be numbered as (A) (B)hearing. This proforma is to be numbered as (A) (B)hearing. This proforma is to be numbered as (A) (B)hearing. This proforma is to be numbered as (A) (B)


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V/S V/S V/S V/S


S Y N O P S I SS Y N O P S I SS Y N O P S I SS Y N O P S I S

Narrate date wise vNarrate date wise vNarrate date wise vNarrate date wise very briefly chronology of events / important facts that led ery briefly chronology of events / important facts that led ery briefly chronology of events / important facts that led ery briefly chronology of events / important facts that led

to the filing of this Writ. to the filing of this Writ. to the filing of this Writ. to the filing of this Writ.

DATE: DATE: DATE: DATE:

00.00.000000.00.000000.00.000000.00.0000 A Complaint was recorded to the Respondent herein. A Complaint was recorded to the Respondent herein. A Complaint was recorded to the Respondent herein. A Complaint was recorded to the Respondent herein.

00.00.000000.00.000000.00.000000.00.0000 Reply (if any) received from the Respondent herein. Reply (if any) received from the Respondent herein. Reply (if any) received from the Respondent herein. Reply (if any) received from the Respondent herein.

00.00.000000.00.000000.00.000000.00.0000 This Writ is filedThis Writ is filedThis Writ is filedThis Writ is filed. . . .

(signed)(signed)(signed)(signed)

Petitioner No.1 Petitioner No.1 Petitioner No.1 Petitioner No.1

In PersonIn PersonIn PersonIn Person

(Page C)(Page C)(Page C)(Page C)



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V/S V/S V/S V/S

THE BBBB & OTHTHE BBBB & OTHTHE BBBB & OTHTHE BBBB & OTHERS ERS ERS ERS .RESPONDENTS .RESPONDENTS .RESPONDENTS .RESPONDENTS

THE POINTS TO BE URGEDTHE POINTS TO BE URGEDTHE POINTS TO BE URGEDTHE POINTS TO BE URGED

State here (very) important points that you intend to argue in the CourtState here (very) important points that you intend to argue in the CourtState here (very) important points that you intend to argue in the CourtState here (very) important points that you intend to argue in the Court

(1)(1)(1)(1) A note was struck by Apex Court in Superintending Engineer, A note was struck by Apex Court in Superintending Engineer, A note was struck by Apex Court in Superintending Engineer, A note was struck by Apex Court in Superintending Engineer,

Public health, U.T. Chandigarh V Kuldeep Singh when it observed: EveryPublic health, U.T. Chandigarh V Kuldeep Singh when it observed: EveryPublic health, U.T. Chandigarh V Kuldeep Singh when it observed: EveryPublic health, U.T. Chandigarh V Kuldeep Singh when it observed: Every

Public servant is a trustee of the society; and in all facets of public Public servant is a trustee of the society; and in all facets of public Public servant is a trustee of the society; and in all facets of public Public servant is a trustee of the society; and in all facets of public

administration administration administration administration every public servant has to exhibit honesty, integrity, every public servant has to exhibit honesty, integrity, every public servant has to exhibit honesty, integrity, every public servant has to exhibit honesty, integrity,

sincerity and faithfulness in the implementation of the political, social, sincerity and faithfulness in the implementation of the political, social, sincerity and faithfulness in the implementation of the political, social, sincerity and faithfulness in the implementation of the political, social,

economic and constitutional policieeconomic and constitutional policieeconomic and constitutional policieeconomic and constitutional policies to integrate the nation, to achieve s to integrate the nation, to achieve s to integrate the nation, to achieve s to integrate the nation, to achieve

excellence & efficiency in public administration. ...excellence & efficiency in public administration. ...excellence & efficiency in public administration. ...excellence & efficiency in public administration. ...

Contrary to above, the experience is that the holders of public offices treat Contrary to above, the experience is that the holders of public offices treat Contrary to above, the experience is that the holders of public offices treat Contrary to above, the experience is that the holders of public offices treat

the authority in their hands, as one bestowing upon them, the status of a the authority in their hands, as one bestowing upon them, the status of a the authority in their hands, as one bestowing upon them, the status of a the authority in their hands, as one bestowing upon them, the status of a

ruler rathruler rathruler rathruler rather than one in public service.er than one in public service.er than one in public service.er than one in public service.

Statutory / Public authorities / Public officers, especially highly placed, Statutory / Public authorities / Public officers, especially highly placed, Statutory / Public authorities / Public officers, especially highly placed, Statutory / Public authorities / Public officers, especially highly placed,

soaked in arrogance of their powers, generally do not bother themselves to soaked in arrogance of their powers, generally do not bother themselves to soaked in arrogance of their powers, generally do not bother themselves to soaked in arrogance of their powers, generally do not bother themselves to

the complaint of Citizens, and their replies sometimes are deliberately the complaint of Citizens, and their replies sometimes are deliberately the complaint of Citizens, and their replies sometimes are deliberately the complaint of Citizens, and their replies sometimes are deliberately

iiiillogical and evasive. llogical and evasive. llogical and evasive. llogical and evasive.

(2)(2)(2)(2) It is the case of the Petitioners that Citizens have a right to It is the case of the Petitioners that Citizens have a right to It is the case of the Petitioners that Citizens have a right to It is the case of the Petitioners that Citizens have a right to

receive proper reply, of the complaints made to public / statutory authorities.receive proper reply, of the complaints made to public / statutory authorities.receive proper reply, of the complaints made to public / statutory authorities.receive proper reply, of the complaints made to public / statutory authorities.

(3)(3)(3)(3) The Petitioners submit The Petitioners submit The Petitioners submit The Petitioners submit that that that that in the case of Salem Advocates Bar in the case of Salem Advocates Bar in the case of Salem Advocates Bar in the case of Salem Advocates Bar

AssociationAssociationAssociationAssociation, Tamilnadu Vs. Union of India (UOI), (2005) 6 SCC 344, the , Tamilnadu Vs. Union of India (UOI), (2005) 6 SCC 344, the , Tamilnadu Vs. Union of India (UOI), (2005) 6 SCC 344, the , Tamilnadu Vs. Union of India (UOI), (2005) 6 SCC 344, the

Hon'ble Supreme Court, among other things, said Hon'ble Supreme Court, among other things, said Hon'ble Supreme Court, among other things, said Hon'ble Supreme Court, among other things, said ---- Judicial notice can be Judicial notice can be Judicial notice can be Judicial notice can be

taken of the fact that in a large number of cases either the notice is not taken of the fact that in a large number of cases either the notice is not taken of the fact that in a large number of cases either the notice is not taken of the fact that in a large number of cases either the notice is not

replied to or in the few cases where a reply is replied to or in the few cases where a reply is replied to or in the few cases where a reply is replied to or in the few cases where a reply is sent, it is generally vague and sent, it is generally vague and sent, it is generally vague and sent, it is generally vague and

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evasive. It not only gives rise to avoidable litigation but also results in heavy evasive. It not only gives rise to avoidable litigation but also results in heavy evasive. It not only gives rise to avoidable litigation but also results in heavy evasive. It not only gives rise to avoidable litigation but also results in heavy

expenses and costs to the exchequer as well. expenses and costs to the exchequer as well. expenses and costs to the exchequer as well. expenses and costs to the exchequer as well.

A proper reply can result in reduction of litigation between the State and the A proper reply can result in reduction of litigation between the State and the A proper reply can result in reduction of litigation between the State and the A proper reply can result in reduction of litigation between the State and the

citizens. In cascitizens. In cascitizens. In cascitizens. In case a proper reply is sent, either the claim in the notice may be e a proper reply is sent, either the claim in the notice may be e a proper reply is sent, either the claim in the notice may be e a proper reply is sent, either the claim in the notice may be

admitted or the area of controversy curtailed, or the citizen may be satisfied admitted or the area of controversy curtailed, or the citizen may be satisfied admitted or the area of controversy curtailed, or the citizen may be satisfied admitted or the area of controversy curtailed, or the citizen may be satisfied

on knowing the stand of the State.on knowing the stand of the State.on knowing the stand of the State.on knowing the stand of the State.

In the above case strict duty is cast upon the Public authorities to make In the above case strict duty is cast upon the Public authorities to make In the above case strict duty is cast upon the Public authorities to make In the above case strict duty is cast upon the Public authorities to make

proproproproper replies if they happen to receive any statutory notice, either under per replies if they happen to receive any statutory notice, either under per replies if they happen to receive any statutory notice, either under per replies if they happen to receive any statutory notice, either under

section 80 of CPC 1908, or under any other statute. I say, when a law section 80 of CPC 1908, or under any other statute. I say, when a law section 80 of CPC 1908, or under any other statute. I say, when a law section 80 of CPC 1908, or under any other statute. I say, when a law

recognizes a duty, correspondingly, law also recognizes a right.recognizes a duty, correspondingly, law also recognizes a right.recognizes a duty, correspondingly, law also recognizes a right.recognizes a duty, correspondingly, law also recognizes a right.

(4)(4)(4)(4) It is the case of the Petitioners that CIt is the case of the Petitioners that CIt is the case of the Petitioners that CIt is the case of the Petitioners that Citizens Right of Reply itizens Right of Reply itizens Right of Reply itizens Right of Reply

can be traced to preamble and to Article 14 of the Constitution of India and in can be traced to preamble and to Article 14 of the Constitution of India and in can be traced to preamble and to Article 14 of the Constitution of India and in can be traced to preamble and to Article 14 of the Constitution of India and in

numerous rulings made by our Constitutional courts. In wealth of the numerous rulings made by our Constitutional courts. In wealth of the numerous rulings made by our Constitutional courts. In wealth of the numerous rulings made by our Constitutional courts. In wealth of the

Judgments delivered by our Courts, it is repeatedly affirmed that public Judgments delivered by our Courts, it is repeatedly affirmed that public Judgments delivered by our Courts, it is repeatedly affirmed that public Judgments delivered by our Courts, it is repeatedly affirmed that public

authoritauthoritauthoritauthorities must exercise their discretionary powers in a reasoned and ies must exercise their discretionary powers in a reasoned and ies must exercise their discretionary powers in a reasoned and ies must exercise their discretionary powers in a reasoned and

justified manner, failing to which leads to inescapable violence to Article 14 justified manner, failing to which leads to inescapable violence to Article 14 justified manner, failing to which leads to inescapable violence to Article 14 justified manner, failing to which leads to inescapable violence to Article 14

of the Constitution of India. of the Constitution of India. of the Constitution of India. of the Constitution of India.

The Petitioners submit that Citizens Right of Reply is inherent in Duty to The Petitioners submit that Citizens Right of Reply is inherent in Duty to The Petitioners submit that Citizens Right of Reply is inherent in Duty to The Petitioners submit that Citizens Right of Reply is inherent in Duty to

reareareareasoned exercise of discretion by Public authorities, a duty which is soned exercise of discretion by Public authorities, a duty which is soned exercise of discretion by Public authorities, a duty which is soned exercise of discretion by Public authorities, a duty which is

consistently cast upon public / statutory authorities by our Constitutional consistently cast upon public / statutory authorities by our Constitutional consistently cast upon public / statutory authorities by our Constitutional consistently cast upon public / statutory authorities by our Constitutional

Courts, in their series of judgments. Courts, in their series of judgments. Courts, in their series of judgments. Courts, in their series of judgments.

(5)(5)(5)(5) It is the case of the Petitioners that when the Courts, in their It is the case of the Petitioners that when the Courts, in their It is the case of the Petitioners that when the Courts, in their It is the case of the Petitioners that when the Courts, in their

wealth of judgments, lay so much emphasize on recording of reasons by wealth of judgments, lay so much emphasize on recording of reasons by wealth of judgments, lay so much emphasize on recording of reasons by wealth of judgments, lay so much emphasize on recording of reasons by

public authorities, in the discharge of their duties even when administrative public authorities, in the discharge of their duties even when administrative public authorities, in the discharge of their duties even when administrative public authorities, in the discharge of their duties even when administrative

in nature, the recording of reason in their decision itself presupposes the in nature, the recording of reason in their decision itself presupposes the in nature, the recording of reason in their decision itself presupposes the in nature, the recording of reason in their decision itself presupposes the

obligation of giving reply, and obligation of giving reply, and obligation of giving reply, and obligation of giving reply, and not only a mere reply but a reasoned reply. It not only a mere reply but a reasoned reply. It not only a mere reply but a reasoned reply. It not only a mere reply but a reasoned reply. It

cannot be said that cannot be said that cannot be said that cannot be said that whereas authorities are under obligation to make whereas authorities are under obligation to make whereas authorities are under obligation to make whereas authorities are under obligation to make

reasoned reply but they are at liberty to not to make any reply.reasoned reply but they are at liberty to not to make any reply.reasoned reply but they are at liberty to not to make any reply.reasoned reply but they are at liberty to not to make any reply.

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(6)(6)(6)(6) It is the case of the Petitioners that in wealth of judgments, theIt is the case of the Petitioners that in wealth of judgments, theIt is the case of the Petitioners that in wealth of judgments, theIt is the case of the Petitioners that in wealth of judgments, the

Courts have insisted upon recording reasons by administrative authorities on Courts have insisted upon recording reasons by administrative authorities on Courts have insisted upon recording reasons by administrative authorities on Courts have insisted upon recording reasons by administrative authorities on

the premise that such a decision is subject to judicial review and the courts the premise that such a decision is subject to judicial review and the courts the premise that such a decision is subject to judicial review and the courts the premise that such a decision is subject to judicial review and the courts

cannot exercise their duty of review unless courts are duly informed of the cannot exercise their duty of review unless courts are duly informed of the cannot exercise their duty of review unless courts are duly informed of the cannot exercise their duty of review unless courts are duly informed of the

consideration underlyingconsideration underlyingconsideration underlyingconsideration underlying the action under review. A statement of reasons the action under review. A statement of reasons the action under review. A statement of reasons the action under review. A statement of reasons

serves purposes other than judicial review inasmuch as the reasons promote serves purposes other than judicial review inasmuch as the reasons promote serves purposes other than judicial review inasmuch as the reasons promote serves purposes other than judicial review inasmuch as the reasons promote

thought by the authority and compel it to cover the relevant points and thought by the authority and compel it to cover the relevant points and thought by the authority and compel it to cover the relevant points and thought by the authority and compel it to cover the relevant points and

eschew irrelevancies and assures careful administrative coeschew irrelevancies and assures careful administrative coeschew irrelevancies and assures careful administrative coeschew irrelevancies and assures careful administrative consideration.nsideration.nsideration.nsideration.

(7)(7)(7)(7) When, in the case of M Krishna Swamy versus UOI reported in When, in the case of M Krishna Swamy versus UOI reported in When, in the case of M Krishna Swamy versus UOI reported in When, in the case of M Krishna Swamy versus UOI reported in

(1992) 4 SCC 605, the Honble Supreme Court held that any action, decision (1992) 4 SCC 605, the Honble Supreme Court held that any action, decision (1992) 4 SCC 605, the Honble Supreme Court held that any action, decision (1992) 4 SCC 605, the Honble Supreme Court held that any action, decision

or order of any statutory or public authority bereft of reasoning would be or order of any statutory or public authority bereft of reasoning would be or order of any statutory or public authority bereft of reasoning would be or order of any statutory or public authority bereft of reasoning would be

arbitrary, unfair and unjuarbitrary, unfair and unjuarbitrary, unfair and unjuarbitrary, unfair and unjust violating article 14 of the Constitution of India, st violating article 14 of the Constitution of India, st violating article 14 of the Constitution of India, st violating article 14 of the Constitution of India,

then, it is the case of the Petitioners that nonthen, it is the case of the Petitioners that nonthen, it is the case of the Petitioners that nonthen, it is the case of the Petitioners that non----reply of any complaint received reply of any complaint received reply of any complaint received reply of any complaint received

by any public /statutory authority, is a positive act of omission, an arbitrary, by any public /statutory authority, is a positive act of omission, an arbitrary, by any public /statutory authority, is a positive act of omission, an arbitrary, by any public /statutory authority, is a positive act of omission, an arbitrary,

unfair and unjustified decision of that unfair and unjustified decision of that unfair and unjustified decision of that unfair and unjustified decision of that public / statutory authority to not to public / statutory authority to not to public / statutory authority to not to public / statutory authority to not to

make a reply, thereby frustrating citizens fundamental right enshrined under make a reply, thereby frustrating citizens fundamental right enshrined under make a reply, thereby frustrating citizens fundamental right enshrined under make a reply, thereby frustrating citizens fundamental right enshrined under

Article 14. Article 14. Article 14. Article 14.

(8)(8)(8)(8) When, in the case of Srilekha Vidyarthi versus State of UP When, in the case of Srilekha Vidyarthi versus State of UP When, in the case of Srilekha Vidyarthi versus State of UP When, in the case of Srilekha Vidyarthi versus State of UP

reported in AIR 1991 SC 537, it was held by the Hon'ble SC treported in AIR 1991 SC 537, it was held by the Hon'ble SC treported in AIR 1991 SC 537, it was held by the Hon'ble SC treported in AIR 1991 SC 537, it was held by the Hon'ble SC that in order to hat in order to hat in order to hat in order to

satisfy the test of Article 14, every State action must be informed by reasons satisfy the test of Article 14, every State action must be informed by reasons satisfy the test of Article 14, every State action must be informed by reasons satisfy the test of Article 14, every State action must be informed by reasons

and that an act uninformed by reasons, is arbitrary, and arbitrariness is the and that an act uninformed by reasons, is arbitrary, and arbitrariness is the and that an act uninformed by reasons, is arbitrary, and arbitrariness is the and that an act uninformed by reasons, is arbitrary, and arbitrariness is the

very negation of the Rule of Law, it is the case of the Petitioners that nonvery negation of the Rule of Law, it is the case of the Petitioners that nonvery negation of the Rule of Law, it is the case of the Petitioners that nonvery negation of the Rule of Law, it is the case of the Petitioners that non----

reply reply reply reply of any complaint received by State, is an act of omission of the State of any complaint received by State, is an act of omission of the State of any complaint received by State, is an act of omission of the State of any complaint received by State, is an act of omission of the State

not informed by reason and thus arbitrary, and thus does not pass the test of not informed by reason and thus arbitrary, and thus does not pass the test of not informed by reason and thus arbitrary, and thus does not pass the test of not informed by reason and thus arbitrary, and thus does not pass the test of

Article 14. Article 14. Article 14. Article 14.

(9)(9)(9)(9) Similarly, when, in the case of Union of India Vs Mohan Lal Similarly, when, in the case of Union of India Vs Mohan Lal Similarly, when, in the case of Union of India Vs Mohan Lal Similarly, when, in the case of Union of India Vs Mohan Lal

Capoor reported in (1973) 2Capoor reported in (1973) 2Capoor reported in (1973) 2Capoor reported in (1973) 2 SCC 836, the Honble Supreme Court said SCC 836, the Honble Supreme Court said SCC 836, the Honble Supreme Court said SCC 836, the Honble Supreme Court said

Reasons disclose how the mind is applied to the subject matter for a Reasons disclose how the mind is applied to the subject matter for a Reasons disclose how the mind is applied to the subject matter for a Reasons disclose how the mind is applied to the subject matter for a

decision whether it is purely administrative or quasi judicial; and reveal a decision whether it is purely administrative or quasi judicial; and reveal a decision whether it is purely administrative or quasi judicial; and reveal a decision whether it is purely administrative or quasi judicial; and reveal a

rational nexus between the facts considered and conclusions reachedrational nexus between the facts considered and conclusions reachedrational nexus between the facts considered and conclusions reachedrational nexus between the facts considered and conclusions reached, it is , it is , it is , it is

the case of the Petitioners that nonthe case of the Petitioners that nonthe case of the Petitioners that nonthe case of the Petitioners that non----reply of any complaint received by any reply of any complaint received by any reply of any complaint received by any reply of any complaint received by any

public /statutory authority implies that although mind was applied to the public /statutory authority implies that although mind was applied to the public /statutory authority implies that although mind was applied to the public /statutory authority implies that although mind was applied to the

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complaint but arbitrary decision was taken by the administrative authority complaint but arbitrary decision was taken by the administrative authority complaint but arbitrary decision was taken by the administrative authority complaint but arbitrary decision was taken by the administrative authority

that no reply should bethat no reply should bethat no reply should bethat no reply should be made. made. made. made.

(10)(10)(10)(10) The Petitioners say that discretion in reality means a power The Petitioners say that discretion in reality means a power The Petitioners say that discretion in reality means a power The Petitioners say that discretion in reality means a power

given to a person with the authority to choose between two or more given to a person with the authority to choose between two or more given to a person with the authority to choose between two or more given to a person with the authority to choose between two or more

alternatives or possibilities each of which is lawful and permissible. The alternatives or possibilities each of which is lawful and permissible. The alternatives or possibilities each of which is lawful and permissible. The alternatives or possibilities each of which is lawful and permissible. The

concept of discretion imports a duty concept of discretion imports a duty concept of discretion imports a duty concept of discretion imports a duty to be fair, candid and unprejudiced; not to be fair, candid and unprejudiced; not to be fair, candid and unprejudiced; not to be fair, candid and unprejudiced; not

arbitrary, capricious or biased; much less, warped by resentment or personal arbitrary, capricious or biased; much less, warped by resentment or personal arbitrary, capricious or biased; much less, warped by resentment or personal arbitrary, capricious or biased; much less, warped by resentment or personal

dislike.dislike.dislike.dislike.

(11)(11)(11)(11) The Petitioners say that our system of governance is founded The Petitioners say that our system of governance is founded The Petitioners say that our system of governance is founded The Petitioners say that our system of governance is founded

on the lofty principle of rule of law, wherein the Nations on the lofty principle of rule of law, wherein the Nations on the lofty principle of rule of law, wherein the Nations on the lofty principle of rule of law, wherein the Nations power is divided power is divided power is divided power is divided

amongst three chief organs, each under a duty to conduct itself in a manner amongst three chief organs, each under a duty to conduct itself in a manner amongst three chief organs, each under a duty to conduct itself in a manner amongst three chief organs, each under a duty to conduct itself in a manner

that subserves the common good of all and achieve the objectives of a that subserves the common good of all and achieve the objectives of a that subserves the common good of all and achieve the objectives of a that subserves the common good of all and achieve the objectives of a

welfare State. The checks and balances were put as inherent safeguards welfare State. The checks and balances were put as inherent safeguards welfare State. The checks and balances were put as inherent safeguards welfare State. The checks and balances were put as inherent safeguards

designed to ensure comdesigned to ensure comdesigned to ensure comdesigned to ensure compliance with the maxim Be you ever so high, the law pliance with the maxim Be you ever so high, the law pliance with the maxim Be you ever so high, the law pliance with the maxim Be you ever so high, the law

is above you. The dicta of the Constitution is crystal clear; namely, the goal is above you. The dicta of the Constitution is crystal clear; namely, the goal is above you. The dicta of the Constitution is crystal clear; namely, the goal is above you. The dicta of the Constitution is crystal clear; namely, the goal

of good governance. of good governance. of good governance. of good governance.

(12)(12)(12)(12) The Petitioners say that even our Constitution of India give so The Petitioners say that even our Constitution of India give so The Petitioners say that even our Constitution of India give so The Petitioners say that even our Constitution of India give so

much importance to the people much importance to the people much importance to the people much importance to the people of India. In our vast, beautiful, geographical of India. In our vast, beautiful, geographical of India. In our vast, beautiful, geographical of India. In our vast, beautiful, geographical

landscape of Independent INDIA, i.e. Bhaarat, the Constitution of INDIA, landscape of Independent INDIA, i.e. Bhaarat, the Constitution of INDIA, landscape of Independent INDIA, i.e. Bhaarat, the Constitution of INDIA, landscape of Independent INDIA, i.e. Bhaarat, the Constitution of INDIA,

which came into existence on 26th January 1950, is the supreme & which came into existence on 26th January 1950, is the supreme & which came into existence on 26th January 1950, is the supreme & which came into existence on 26th January 1950, is the supreme &

fundamental governing volume. fundamental governing volume. fundamental governing volume. fundamental governing volume.

This epic governing volume makes a cateThis epic governing volume makes a cateThis epic governing volume makes a cateThis epic governing volume makes a categorical announcement in the gorical announcement in the gorical announcement in the gorical announcement in the

introductory passage that people of INDIA are the architect of this volume. introductory passage that people of INDIA are the architect of this volume. introductory passage that people of INDIA are the architect of this volume. introductory passage that people of INDIA are the architect of this volume.

The announcement assumes significance because by this announcement, the The announcement assumes significance because by this announcement, the The announcement assumes significance because by this announcement, the The announcement assumes significance because by this announcement, the

fathers of our Constitution intend to acknowledge and give tribute to selfless fathers of our Constitution intend to acknowledge and give tribute to selfless fathers of our Constitution intend to acknowledge and give tribute to selfless fathers of our Constitution intend to acknowledge and give tribute to selfless

ssssacrifice of every men & women who devoted their only life for the acrifice of every men & women who devoted their only life for the acrifice of every men & women who devoted their only life for the acrifice of every men & women who devoted their only life for the

independence of INDIA. This announcement is intelligent, designed and independence of INDIA. This announcement is intelligent, designed and independence of INDIA. This announcement is intelligent, designed and independence of INDIA. This announcement is intelligent, designed and

purposeful.purposeful.purposeful.purposeful.

There are three chief organs outlined in this Governing volume called There are three chief organs outlined in this Governing volume called There are three chief organs outlined in this Governing volume called There are three chief organs outlined in this Governing volume called

Constitution of India Constitution of India Constitution of India Constitution of India ---- they are Legi they are Legi they are Legi they are Legislature, the Govt and the Judiciary, and all slature, the Govt and the Judiciary, and all slature, the Govt and the Judiciary, and all slature, the Govt and the Judiciary, and all

9

these three organs derive their origin and all powers from this peoples' these three organs derive their origin and all powers from this peoples' these three organs derive their origin and all powers from this peoples' these three organs derive their origin and all powers from this peoples'

governing volume.governing volume.governing volume.governing volume.

(13)(13)(13)(13) Also, it is the case of Petitioners that, when the Honble Chief Also, it is the case of Petitioners that, when the Honble Chief Also, it is the case of Petitioners that, when the Honble Chief Also, it is the case of Petitioners that, when the Honble Chief

Justice of India Shri S H Kapadia on 15.05.2010Justice of India Shri S H Kapadia on 15.05.2010Justice of India Shri S H Kapadia on 15.05.2010Justice of India Shri S H Kapadia on 15.05.2010 warned the PIL Petitioners warned the PIL Petitioners warned the PIL Petitioners warned the PIL Petitioners

that they must first issue notice to the Govt / Public authority before moving that they must first issue notice to the Govt / Public authority before moving that they must first issue notice to the Govt / Public authority before moving that they must first issue notice to the Govt / Public authority before moving

courts, and therefore, we the People expect, in principle and in equity, that if courts, and therefore, we the People expect, in principle and in equity, that if courts, and therefore, we the People expect, in principle and in equity, that if courts, and therefore, we the People expect, in principle and in equity, that if

that public authority / govt turn a blind eye to the notice and if othat public authority / govt turn a blind eye to the notice and if othat public authority / govt turn a blind eye to the notice and if othat public authority / govt turn a blind eye to the notice and if one has to ne has to ne has to ne has to

move court for justice, then this Hon'ble court will also find the occasion to move court for justice, then this Hon'ble court will also find the occasion to move court for justice, then this Hon'ble court will also find the occasion to move court for justice, then this Hon'ble court will also find the occasion to

direct that the Govt / Public authority to first effectively deal with the issue direct that the Govt / Public authority to first effectively deal with the issue direct that the Govt / Public authority to first effectively deal with the issue direct that the Govt / Public authority to first effectively deal with the issue

raised in the complaint / notice. raised in the complaint / notice. raised in the complaint / notice. raised in the complaint / notice.

(14)(14)(14)(14) The Petitioners say that recording of reasoThe Petitioners say that recording of reasoThe Petitioners say that recording of reasoThe Petitioners say that recording of reasons will show ns will show ns will show ns will show

application of mind and probably this recording of reasons is the only application of mind and probably this recording of reasons is the only application of mind and probably this recording of reasons is the only application of mind and probably this recording of reasons is the only

remaining visible safeguard against possible misuse of powers conferred remaining visible safeguard against possible misuse of powers conferred remaining visible safeguard against possible misuse of powers conferred remaining visible safeguard against possible misuse of powers conferred

upon administrators of a nation. upon administrators of a nation. upon administrators of a nation. upon administrators of a nation.

(15)(15)(15)(15) The Petitioners seek to recall an historic incident of IndThe Petitioners seek to recall an historic incident of IndThe Petitioners seek to recall an historic incident of IndThe Petitioners seek to recall an historic incident of Indian ian ian ian

freedom struggle, occasioned with Mohandas Karamchand Gandhi (His freedom struggle, occasioned with Mohandas Karamchand Gandhi (His freedom struggle, occasioned with Mohandas Karamchand Gandhi (His freedom struggle, occasioned with Mohandas Karamchand Gandhi (His

Journey towards Mahatma). In the year 1893, when in South Africa, while Journey towards Mahatma). In the year 1893, when in South Africa, while Journey towards Mahatma). In the year 1893, when in South Africa, while Journey towards Mahatma). In the year 1893, when in South Africa, while

holding a First Class Compartment ticket and travelling in, Gandhi was thrown holding a First Class Compartment ticket and travelling in, Gandhi was thrown holding a First Class Compartment ticket and travelling in, Gandhi was thrown holding a First Class Compartment ticket and travelling in, Gandhi was thrown

out of the train, for in those timesout of the train, for in those timesout of the train, for in those timesout of the train, for in those times Blacks were not allowed to travel in the Blacks were not allowed to travel in the Blacks were not allowed to travel in the Blacks were not allowed to travel in the

First Class Compartment, notwithstanding they hold a valid ticket. It was 9.00 First Class Compartment, notwithstanding they hold a valid ticket. It was 9.00 First Class Compartment, notwithstanding they hold a valid ticket. It was 9.00 First Class Compartment, notwithstanding they hold a valid ticket. It was 9.00

in the chill night. That designated Black sent a Telegram to the General in the chill night. That designated Black sent a Telegram to the General in the chill night. That designated Black sent a Telegram to the General in the chill night. That designated Black sent a Telegram to the General

Manager of the Railways and registered his complaint. The Manager of the Railways and registered his complaint. The Manager of the Railways and registered his complaint. The Manager of the Railways and registered his complaint. The Complaint of that Complaint of that Complaint of that Complaint of that

designated Black was attended, forthwith, the General Manager instructed designated Black was attended, forthwith, the General Manager instructed designated Black was attended, forthwith, the General Manager instructed designated Black was attended, forthwith, the General Manager instructed

the Station master to secure that complainant reaches his destination safely. the Station master to secure that complainant reaches his destination safely. the Station master to secure that complainant reaches his destination safely. the Station master to secure that complainant reaches his destination safely.

Complainant was accommodated in the very next morning train to his Complainant was accommodated in the very next morning train to his Complainant was accommodated in the very next morning train to his Complainant was accommodated in the very next morning train to his

destination. And hdestination. And hdestination. And hdestination. And here, in the era of INDEPENDENCE and 21st Century of ere, in the era of INDEPENDENCE and 21st Century of ere, in the era of INDEPENDENCE and 21st Century of ere, in the era of INDEPENDENCE and 21st Century of

modern democracy, we have Citizens of Sovereign India, of whose complaint modern democracy, we have Citizens of Sovereign India, of whose complaint modern democracy, we have Citizens of Sovereign India, of whose complaint modern democracy, we have Citizens of Sovereign India, of whose complaint

are ordinarily, attended with great disrespect and sometimes with hostility. are ordinarily, attended with great disrespect and sometimes with hostility. are ordinarily, attended with great disrespect and sometimes with hostility. are ordinarily, attended with great disrespect and sometimes with hostility.

(16)(16)(16)(16) It is the case of the Petitioners that grievIt is the case of the Petitioners that grievIt is the case of the Petitioners that grievIt is the case of the Petitioners that grievance of the people ance of the people ance of the people ance of the people

must be promptly and properly attended instead of waiting and allowmust be promptly and properly attended instead of waiting and allowmust be promptly and properly attended instead of waiting and allowmust be promptly and properly attended instead of waiting and allowing ing ing ing it it it it

10

to be translated into court litigation.to be translated into court litigation.to be translated into court litigation.to be translated into court litigation.

(17)(17)(17)(17) It is the case of the Petitioners that giving of satisfactory reply It is the case of the Petitioners that giving of satisfactory reply It is the case of the Petitioners that giving of satisfactory reply It is the case of the Petitioners that giving of satisfactory reply

is a healthy discipline for all who exercise pis a healthy discipline for all who exercise pis a healthy discipline for all who exercise pis a healthy discipline for all who exercise powers over others. owers over others. owers over others. owers over others.

(18)(18)(18)(18) It is the case of the Petitioners that a complaint to State is the It is the case of the Petitioners that a complaint to State is the It is the case of the Petitioners that a complaint to State is the It is the case of the Petitioners that a complaint to State is the

most legitimate incident of a democracy.most legitimate incident of a democracy.most legitimate incident of a democracy.most legitimate incident of a democracy.

(19)(19)(19)(19) It is finally the case of the PetitionersIt is finally the case of the PetitionersIt is finally the case of the PetitionersIt is finally the case of the Petitioners that satisfactory replies that satisfactory replies that satisfactory replies that satisfactory replies

to complaints are not of some importance but to complaints are not of some importance but to complaints are not of some importance but to complaints are not of some importance but of fundamental importance in of fundamental importance in of fundamental importance in of fundamental importance in

State Citizen relationship.State Citizen relationship.State Citizen relationship.State Citizen relationship.

And therefore, it is necessary to trace the evolution and development of law, And therefore, it is necessary to trace the evolution and development of law, And therefore, it is necessary to trace the evolution and development of law, And therefore, it is necessary to trace the evolution and development of law,

the emergence of concept of subject & the ruler, and trace the origin of the emergence of concept of subject & the ruler, and trace the origin of the emergence of concept of subject & the ruler, and trace the origin of the emergence of concept of subject & the ruler, and trace the origin of

today's concept of Citizens & the State. today's concept of Citizens & the State. today's concept of Citizens & the State. today's concept of Citizens & the State.

At tAt tAt tAt the advent of Human Civilization, Men were Sovereign in their own, in he advent of Human Civilization, Men were Sovereign in their own, in he advent of Human Civilization, Men were Sovereign in their own, in he advent of Human Civilization, Men were Sovereign in their own, in

the sense that, they were free and were not subject to or bound by any law. the sense that, they were free and were not subject to or bound by any law. the sense that, they were free and were not subject to or bound by any law. the sense that, they were free and were not subject to or bound by any law.

Then, men were Ruled by their own conscience and not by codified laws and Then, men were Ruled by their own conscience and not by codified laws and Then, men were Ruled by their own conscience and not by codified laws and Then, men were Ruled by their own conscience and not by codified laws and

were even free to the extent of infwere even free to the extent of infwere even free to the extent of infwere even free to the extent of inflicting violence at their will & strength, i.e. licting violence at their will & strength, i.e. licting violence at their will & strength, i.e. licting violence at their will & strength, i.e.

Might is right was the scene. Men were guided by own conscience and Might is right was the scene. Men were guided by own conscience and Might is right was the scene. Men were guided by own conscience and Might is right was the scene. Men were guided by own conscience and

greed. An action not emanating from reason and the freedom to do as one greed. An action not emanating from reason and the freedom to do as one greed. An action not emanating from reason and the freedom to do as one greed. An action not emanating from reason and the freedom to do as one

pleases. pleases. pleases. pleases.

Great Philosopher Thomas Hobbes ( 1588Great Philosopher Thomas Hobbes ( 1588Great Philosopher Thomas Hobbes ( 1588Great Philosopher Thomas Hobbes ( 1588---- 1671) says that p 1671) says that p 1671) says that p 1671) says that prior to concept of rior to concept of rior to concept of rior to concept of

Statehood, the man lived in chaotic conditions of constant fear. The life in the Statehood, the man lived in chaotic conditions of constant fear. The life in the Statehood, the man lived in chaotic conditions of constant fear. The life in the Statehood, the man lived in chaotic conditions of constant fear. The life in the

state of nature was solitary, poor nasty, brutish and short. For getting self state of nature was solitary, poor nasty, brutish and short. For getting self state of nature was solitary, poor nasty, brutish and short. For getting self state of nature was solitary, poor nasty, brutish and short. For getting self

protection and avoiding misery and pain, man voluntarily entered into a protection and avoiding misery and pain, man voluntarily entered into a protection and avoiding misery and pain, man voluntarily entered into a protection and avoiding misery and pain, man voluntarily entered into a

contracontracontracontract and surrendered their part of freedom to some might authority, who ct and surrendered their part of freedom to some might authority, who ct and surrendered their part of freedom to some might authority, who ct and surrendered their part of freedom to some might authority, who

could protect their lives and property, which emerged later on as the ruler could protect their lives and property, which emerged later on as the ruler could protect their lives and property, which emerged later on as the ruler could protect their lives and property, which emerged later on as the ruler

and which ultimately culminated into the shape of the State. and which ultimately culminated into the shape of the State. and which ultimately culminated into the shape of the State. and which ultimately culminated into the shape of the State.

With the great passage of time and centuries toWith the great passage of time and centuries toWith the great passage of time and centuries toWith the great passage of time and centuries together, Codified laws evolved gether, Codified laws evolved gether, Codified laws evolved gether, Codified laws evolved

and were introduced in human life. Men came together, they voluntarily and were introduced in human life. Men came together, they voluntarily and were introduced in human life. Men came together, they voluntarily and were introduced in human life. Men came together, they voluntarily

surrendered their individual sovereignty to State sovereignty, and opted to surrendered their individual sovereignty to State sovereignty, and opted to surrendered their individual sovereignty to State sovereignty, and opted to surrendered their individual sovereignty to State sovereignty, and opted to

subject themselves to laws of the land, however, they were promised, in subject themselves to laws of the land, however, they were promised, in subject themselves to laws of the land, however, they were promised, in subject themselves to laws of the land, however, they were promised, in

11

return,return,return,return, the Rule of codified laws. The rule of codified laws purported to the Rule of codified laws. The rule of codified laws purported to the Rule of codified laws. The rule of codified laws purported to the Rule of codified laws. The rule of codified laws purported to

promise the safety of their life & their property and also sought to guarantee promise the safety of their life & their property and also sought to guarantee promise the safety of their life & their property and also sought to guarantee promise the safety of their life & their property and also sought to guarantee

the general dignity inherent in human person alonwith guarantee that he will the general dignity inherent in human person alonwith guarantee that he will the general dignity inherent in human person alonwith guarantee that he will the general dignity inherent in human person alonwith guarantee that he will

not be discriminated. This is hownot be discriminated. This is hownot be discriminated. This is hownot be discriminated. This is how the ancient Social contract between Men & the ancient Social contract between Men & the ancient Social contract between Men & the ancient Social contract between Men &

State came into being. State came into being. State came into being. State came into being.

Among various definitions of State given by Scholars of law and by Among various definitions of State given by Scholars of law and by Among various definitions of State given by Scholars of law and by Among various definitions of State given by Scholars of law and by

Philosophers, this appears to be more satisfactory and convincing. It is by Philosophers, this appears to be more satisfactory and convincing. It is by Philosophers, this appears to be more satisfactory and convincing. It is by Philosophers, this appears to be more satisfactory and convincing. It is by

professor Goodhart. He defines State in termsprofessor Goodhart. He defines State in termsprofessor Goodhart. He defines State in termsprofessor Goodhart. He defines State in terms of its purpose. He states that of its purpose. He states that of its purpose. He states that of its purpose. He states that

the purpose of society which we call a State is to maintain peace and order the purpose of society which we call a State is to maintain peace and order the purpose of society which we call a State is to maintain peace and order the purpose of society which we call a State is to maintain peace and order

within a demarcated territory. THE MINIMUM AND ESSENTIAL PURPOSE OF within a demarcated territory. THE MINIMUM AND ESSENTIAL PURPOSE OF within a demarcated territory. THE MINIMUM AND ESSENTIAL PURPOSE OF within a demarcated territory. THE MINIMUM AND ESSENTIAL PURPOSE OF

THE STATE IS TO MAKE LIFE POSSIBLETHE STATE IS TO MAKE LIFE POSSIBLETHE STATE IS TO MAKE LIFE POSSIBLETHE STATE IS TO MAKE LIFE POSSIBLE

Hugo Grotius (1583Hugo Grotius (1583Hugo Grotius (1583Hugo Grotius (1583----1645) is regarded as the 1645) is regarded as the 1645) is regarded as the 1645) is regarded as the father of philosophical father of philosophical father of philosophical father of philosophical

jurisprudence. He saidjurisprudence. He saidjurisprudence. He saidjurisprudence. He said---- it is the first duty of the Sovereign State to safeguard it is the first duty of the Sovereign State to safeguard it is the first duty of the Sovereign State to safeguard it is the first duty of the Sovereign State to safeguard

the citizen because State was given power only for that purpose.the citizen because State was given power only for that purpose.the citizen because State was given power only for that purpose.the citizen because State was given power only for that purpose.

And therefore, in the backdrop of this ancient social contract, every Society And therefore, in the backdrop of this ancient social contract, every Society And therefore, in the backdrop of this ancient social contract, every Society And therefore, in the backdrop of this ancient social contract, every Society

& every& every& every& every Individual Citizen has certain basic assumptions to take it for granted Individual Citizen has certain basic assumptions to take it for granted Individual Citizen has certain basic assumptions to take it for granted Individual Citizen has certain basic assumptions to take it for granted

that complaints made to State will be replied. that complaints made to State will be replied. that complaints made to State will be replied. that complaints made to State will be replied.

THE AUTHORITIES TO BE CITEDTHE AUTHORITIES TO BE CITEDTHE AUTHORITIES TO BE CITEDTHE AUTHORITIES TO BE CITED

1. The Constitution Of India.1. The Constitution Of India.1. The Constitution Of India.1. The Constitution Of India.

2. Any High Court or Supreme court Judgment used in the Petition. In our 2. Any High Court or Supreme court Judgment used in the Petition. In our 2. Any High Court or Supreme court Judgment used in the Petition. In our 2. Any High Court or Supreme court Judgment used in the Petition. In our

constitutional scheme, the High Courts and Supreme court are courts of constitutional scheme, the High Courts and Supreme court are courts of constitutional scheme, the High Courts and Supreme court are courts of constitutional scheme, the High Courts and Supreme court are courts of

Record and orders / judgments passed by them are deemed as law of the Record and orders / judgments passed by them are deemed as law of the Record and orders / judgments passed by them are deemed as law of the Record and orders / judgments passed by them are deemed as law of the

land. And therefore, the said high court or supreme court order may also be land. And therefore, the said high court or supreme court order may also be land. And therefore, the said high court or supreme court order may also be land. And therefore, the said high court or supreme court order may also be

used as law as stated in point no.8 herused as law as stated in point no.8 herused as law as stated in point no.8 herused as law as stated in point no.8 hereinafter.einafter.einafter.einafter.

THE ACTS TO BE RELIED UPONTHE ACTS TO BE RELIED UPONTHE ACTS TO BE RELIED UPONTHE ACTS TO BE RELIED UPON

1. The Acts/Statutes/Rules which is relied upon in your case, if any.1. The Acts/Statutes/Rules which is relied upon in your case, if any.1. The Acts/Statutes/Rules which is relied upon in your case, if any.1. The Acts/Statutes/Rules which is relied upon in your case, if any.

(signed)(signed)(signed)(signed)

PETITIONER NO.1,PETITIONER NO.1,PETITIONER NO.1,PETITIONER NO.1,

12

IN PERSONIN PERSONIN PERSONIN PERSON

(page D, E, F.) (page D, E, F.) (page D, E, F.) (page D, E, F.)

Court fee Stamps are to be affixed here [Rs.Two hundred & fiCourt fee Stamps are to be affixed here [Rs.Two hundred & fiCourt fee Stamps are to be affixed here [Rs.Two hundred & fiCourt fee Stamps are to be affixed here [Rs.Two hundred & fifty] (Leave half fty] (Leave half fty] (Leave half fty] (Leave half

page space for affixing Rs.250 court fee stamp.) (Page 1 of Petition) page space for affixing Rs.250 court fee stamp.) (Page 1 of Petition) page space for affixing Rs.250 court fee stamp.) (Page 1 of Petition) page space for affixing Rs.250 court fee stamp.) (Page 1 of Petition)

13




IN THE MATTER OFIN THE MATTER OFIN THE MATTER OFIN THE MATTER OF

Article 226, of the Constitution of IndiaArticle 226, of the Constitution of IndiaArticle 226, of the Constitution of IndiaArticle 226, of the Constitution of India

ANDANDANDAND

Article 14 of the Constitution of IndiaArticle 14 of the Constitution of IndiaArticle 14 of the Constitution of IndiaArticle 14 of the Constitution of India

AND AND AND AND

Unjustified and arbitrary conduct of Unjustified and arbitrary conduct of Unjustified and arbitrary conduct of Unjustified and arbitrary conduct of

Respondent herein, thereby Respondent herein, thereby Respondent herein, thereby Respondent herein, thereby

Violating fundamental right of the Violating fundamental right of the Violating fundamental right of the Violating fundamental right of the

PetitionerPetitionerPetitionerPetitionerssss as enshrined under Article as enshrined under Article as enshrined under Article as enshrined under Article

14 of the Constitution. 14 of the Constitution. 14 of the Constitution. 14 of the Constitution.

AAAA, AAAA, AAAA, AAAA,

CompleteCompleteCompleteComplete address address address address Petitioner(s)Petitioner(s)Petitioner(s)Petitioner(s)

Versus Versus Versus Versus

BBBBBBBBBBBBBBBB Respondent(s), Respondent(s), Respondent(s), Respondent(s),

CompleteCompleteCompleteComplete address address address address

14

THE HONOURABLE CHIEF JUSTICETHE HONOURABLE CHIEF JUSTICETHE HONOURABLE CHIEF JUSTICETHE HONOURABLE CHIEF JUSTICE

AND OTHER PUISNE JUDGES OF AND OTHER PUISNE JUDGES OF AND OTHER PUISNE JUDGES OF AND OTHER PUISNE JUDGES OF

THE HONOURABLE HIGH COURT THE HONOURABLE HIGH COURT THE HONOURABLE HIGH COURT THE HONOURABLE HIGH COURT

OF JUDICATURE AT BOMBAYOF JUDICATURE AT BOMBAYOF JUDICATURE AT BOMBAYOF JUDICATURE AT BOMBAY

THE HUMBLE PETITION OF THE THE HUMBLE PETITION OF THE THE HUMBLE PETITION OF THE THE HUMBLE PETITION OF THE

PETITIONERS ABOVENAMED PETITIONERS ABOVENAMED PETITIONERS ABOVENAMED PETITIONERS ABOVENAMED

MOST RESPECTFULLY SHEWETH.MOST RESPECTFULLY SHEWETH.MOST RESPECTFULLY SHEWETH.MOST RESPECTFULLY SHEWETH.

1.1.1.1. Brief introduction of the Petitioners and Respondents:Brief introduction of the Petitioners and Respondents:Brief introduction of the Petitioners and Respondents:Brief introduction of the Petitioners and Respondents:

2.2.2.2. The grievance of the petitioner The grievance of the petitioner The grievance of the petitioner The grievance of the petitioner is that is that is that is that the Respondents herein are the Respondents herein are the Respondents herein are the Respondents herein are

exhibiting utter disregard to the complaint sent toexhibiting utter disregard to the complaint sent toexhibiting utter disregard to the complaint sent toexhibiting utter disregard to the complaint sent to them by the Petitioners them by the Petitioners them by the Petitioners them by the Petitioners

herein, thereby frustrating fundamental right of the Petitioners enshrined herein, thereby frustrating fundamental right of the Petitioners enshrined herein, thereby frustrating fundamental right of the Petitioners enshrined herein, thereby frustrating fundamental right of the Petitioners enshrined

under Article 14 of the Constitution of India. under Article 14 of the Constitution of India. under Article 14 of the Constitution of India. under Article 14 of the Constitution of India.

3.3.3.3. It is the case oIt is the case oIt is the case oIt is the case of the Petitioners that Citizens have a right to receive f the Petitioners that Citizens have a right to receive f the Petitioners that Citizens have a right to receive f the Petitioners that Citizens have a right to receive

proper reply, of the complaints made to public authorities and hereinafter proper reply, of the complaints made to public authorities and hereinafter proper reply, of the complaints made to public authorities and hereinafter proper reply, of the complaints made to public authorities and hereinafter

advances argument in support of the plea that Citizens have a Right of Reply. advances argument in support of the plea that Citizens have a Right of Reply. advances argument in support of the plea that Citizens have a Right of Reply. advances argument in support of the plea that Citizens have a Right of Reply.

4.4.4.4. The The The The Petitioners humbly submit that Petitioners humbly submit that Petitioners humbly submit that Petitioners humbly submit that CourCourCourCourts have insisted upon ts have insisted upon ts have insisted upon ts have insisted upon

recording reasons by administrative authorities on the premise that such a recording reasons by administrative authorities on the premise that such a recording reasons by administrative authorities on the premise that such a recording reasons by administrative authorities on the premise that such a

decision is subject to judicial review and the courts cannot exercise their decision is subject to judicial review and the courts cannot exercise their decision is subject to judicial review and the courts cannot exercise their decision is subject to judicial review and the courts cannot exercise their

duty of review unless courts are duly informed of the consideration duty of review unless courts are duly informed of the consideration duty of review unless courts are duly informed of the consideration duty of review unless courts are duly informed of the consideration

underlying the underlying the underlying the underlying the action under review. A statement of reasons serves purposes action under review. A statement of reasons serves purposes action under review. A statement of reasons serves purposes action under review. A statement of reasons serves purposes

other than judicial review inasmuch as the reasons promote thought by the other than judicial review inasmuch as the reasons promote thought by the other than judicial review inasmuch as the reasons promote thought by the other than judicial review inasmuch as the reasons promote thought by the

authority and compel it to cover the relevant points and eschew irrelevancies authority and compel it to cover the relevant points and eschew irrelevancies authority and compel it to cover the relevant points and eschew irrelevancies authority and compel it to cover the relevant points and eschew irrelevancies

and assures careful administrative consideand assures careful administrative consideand assures careful administrative consideand assures careful administrative consideration.ration.ration.ration. In this premise, In this premise, In this premise, In this premise, it isit isit isit is the the the the

case of the Petitioners that the issue which has been agitated by the case of the Petitioners that the issue which has been agitated by the case of the Petitioners that the issue which has been agitated by the case of the Petitioners that the issue which has been agitated by the

Petitioners in their complaint to the Respondents, is not still crystallized for Petitioners in their complaint to the Respondents, is not still crystallized for Petitioners in their complaint to the Respondents, is not still crystallized for Petitioners in their complaint to the Respondents, is not still crystallized for

adjudication by this Honble Courtadjudication by this Honble Courtadjudication by this Honble Courtadjudication by this Honble Court....

5555.... The Petitioners say that factsThe Petitioners say that factsThe Petitioners say that factsThe Petitioners say that facts leading to the filing of this Petition are leading to the filing of this Petition are leading to the filing of this Petition are leading to the filing of this Petition are

few and simple.few and simple.few and simple.few and simple.

(a) State very briefly the bare facts of the issue that has been agitated in the (a) State very briefly the bare facts of the issue that has been agitated in the (a) State very briefly the bare facts of the issue that has been agitated in the (a) State very briefly the bare facts of the issue that has been agitated in the

complaint to the Respondent herein. complaint to the Respondent herein. complaint to the Respondent herein. complaint to the Respondent herein.

(b) Give details about complai(b) Give details about complai(b) Give details about complai(b) Give details about complaint recorded to the Respondents.nt recorded to the Respondents.nt recorded to the Respondents.nt recorded to the Respondents.

15

(c) Give detai(c) Give detai(c) Give detai(c) Give details of reply, if any received from the Respondents, and state why ls of reply, if any received from the Respondents, and state why ls of reply, if any received from the Respondents, and state why ls of reply, if any received from the Respondents, and state why

the said reply was illogical and evasive and the complaint needs proper the said reply was illogical and evasive and the complaint needs proper the said reply was illogical and evasive and the complaint needs proper the said reply was illogical and evasive and the complaint needs proper

application of mind to the substantial point raised in the complaint. application of mind to the substantial point raised in the complaint. application of mind to the substantial point raised in the complaint. application of mind to the substantial point raised in the complaint.

6.6.6.6. The Petitioners now advances their set of aThe Petitioners now advances their set of aThe Petitioners now advances their set of aThe Petitioners now advances their set of arguments in support rguments in support rguments in support rguments in support

of the plea that of the plea that of the plea that of the plea that Citizens have a RIGHT OF REPLY, so as to assist this Honble Citizens have a RIGHT OF REPLY, so as to assist this Honble Citizens have a RIGHT OF REPLY, so as to assist this Honble Citizens have a RIGHT OF REPLY, so as to assist this Honble

Court to pass an appropriate Order. Court to pass an appropriate Order. Court to pass an appropriate Order. Court to pass an appropriate Order.

(A)(A)(A)(A) It is the case of the Petitioners that Citizens Right of Reply It is the case of the Petitioners that Citizens Right of Reply It is the case of the Petitioners that Citizens Right of Reply It is the case of the Petitioners that Citizens Right of Reply

can be traced to preamble and to Article 14 of thcan be traced to preamble and to Article 14 of thcan be traced to preamble and to Article 14 of thcan be traced to preamble and to Article 14 of the Constitution of India and in e Constitution of India and in e Constitution of India and in e Constitution of India and in

numerous rulings made by our Constitutional courts. In wealth of the numerous rulings made by our Constitutional courts. In wealth of the numerous rulings made by our Constitutional courts. In wealth of the numerous rulings made by our Constitutional courts. In wealth of the

Judgments delivered by our Courts, it is repeatedly affirmed that public Judgments delivered by our Courts, it is repeatedly affirmed that public Judgments delivered by our Courts, it is repeatedly affirmed that public Judgments delivered by our Courts, it is repeatedly affirmed that public

authorities must exercise their discretionary powers in a reasoned and authorities must exercise their discretionary powers in a reasoned and authorities must exercise their discretionary powers in a reasoned and authorities must exercise their discretionary powers in a reasoned and

justified majustified majustified majustified manner, failing to which leads to nner, failing to which leads to nner, failing to which leads to nner, failing to which leads to inescapable inescapable inescapable inescapable violence to Article 14 violence to Article 14 violence to Article 14 violence to Article 14

of the Constitution of India. of the Constitution of India. of the Constitution of India. of the Constitution of India.

The Petitioners submit that Citizens Right of Reply is inherent in Duty to The Petitioners submit that Citizens Right of Reply is inherent in Duty to The Petitioners submit that Citizens Right of Reply is inherent in Duty to The Petitioners submit that Citizens Right of Reply is inherent in Duty to

reasoned exercise of discretion by Public authorities, a duty which is reasoned exercise of discretion by Public authorities, a duty which is reasoned exercise of discretion by Public authorities, a duty which is reasoned exercise of discretion by Public authorities, a duty which is

consisconsisconsisconsistently cast upon public / statutory authorities by our Constitutional tently cast upon public / statutory authorities by our Constitutional tently cast upon public / statutory authorities by our Constitutional tently cast upon public / statutory authorities by our Constitutional

Courts, in their series of judgments. The Petitioners respectfully invite the Courts, in their series of judgments. The Petitioners respectfully invite the Courts, in their series of judgments. The Petitioners respectfully invite the Courts, in their series of judgments. The Petitioners respectfully invite the

attention of this Honble Court to some Rulings.attention of this Honble Court to some Rulings.attention of this Honble Court to some Rulings.attention of this Honble Court to some Rulings.

(i)(i)(i)(i) In the words of Justice M.H.Beg, the Honble Supreme CIn the words of Justice M.H.Beg, the Honble Supreme CIn the words of Justice M.H.Beg, the Honble Supreme CIn the words of Justice M.H.Beg, the Honble Supreme Court in the ourt in the ourt in the ourt in the

case of Union of India versus Mohanlal Capoor, reported in AIR 1974 SC 87, case of Union of India versus Mohanlal Capoor, reported in AIR 1974 SC 87, case of Union of India versus Mohanlal Capoor, reported in AIR 1974 SC 87, case of Union of India versus Mohanlal Capoor, reported in AIR 1974 SC 87,

administration has to work in people's interest, with caution and care. Its administration has to work in people's interest, with caution and care. Its administration has to work in people's interest, with caution and care. Its administration has to work in people's interest, with caution and care. Its

activities may prejudice interest of a citizen, but that causing of prejudice activities may prejudice interest of a citizen, but that causing of prejudice activities may prejudice interest of a citizen, but that causing of prejudice activities may prejudice interest of a citizen, but that causing of prejudice

must be reasonmust be reasonmust be reasonmust be reasoned. Recording of reasons will show application of mind and ed. Recording of reasons will show application of mind and ed. Recording of reasons will show application of mind and ed. Recording of reasons will show application of mind and

probably this recording of reasons is the only remaining visible safeguard probably this recording of reasons is the only remaining visible safeguard probably this recording of reasons is the only remaining visible safeguard probably this recording of reasons is the only remaining visible safeguard

against possible misuse of powers conferred upon administrators of a nation. against possible misuse of powers conferred upon administrators of a nation. against possible misuse of powers conferred upon administrators of a nation. against possible misuse of powers conferred upon administrators of a nation.

Reasons are the li

Documents

Writ Draft