Case Note & Summary
The petitioner, M/s. Chemox Exports Imports Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents, Union of India and others, to dehire Flat No. 4 situated on the first floor of Chemox House, 7, Barrack Road, Bombay, which was occupied by the Defence Department. The petitioner had purchased the flat from Mohamed Ally Kaderjee Motiwala under a conveyance dated 7th November 1983. Prior to the purchase, the flat was occupied by respondent No. 2 on payment of compensation at Rs.104.22 per month. The flat comprised two rooms and kitchen with a total area of 725 sq.ft. The petitioner contended that the flat was not being regularly occupied by the respondents and was kept unused for a long time. Despite efforts, the respondents did not release the premises. The petitioner claimed that the respondents had adopted a dehiring policy in relation to private premises hired by the Defence Department and sought to enforce that policy. The court heard the parties and considered the submissions. The court held that a writ of mandamus can only be issued to enforce a legal right, and the petitioner failed to establish any such right. The alleged dehiring policy did not confer any enforceable right on the petitioner. The petition was dismissed with no order as to costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Enforceable Right - Petitioner sought mandamus to direct respondents to dehire flat based on alleged dehiring policy - Court held that mandamus lies only to enforce a legal right, not a policy which does not confer a right - No evidence of any right in petitioner to compel dehiring - Petition dismissed (Paras 1-3).
Issue of Consideration
Whether the petitioner has an enforceable right to compel the respondents to dehire the suit flat based on an alleged dehiring policy adopted by the Defence Department.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Writ of mandamus
- Enforceable right
- Dehiring policy
- Defence Estates Act
- 1903
- Requisitioning and Acquisition of Immovable Property Act
- 1952
Case Details
2005 LawText (BOM) (08) 240
WRIT PETITION NO.1250 OF 1993
R.M.S. Khandeparkar, V.M. Kanade
Shri D.H. Mehta i/b M/s. Thakordas & Madgavkar for the petitioner; S/Shri Y.S. Bhate with Y.R. Mishra for the respondents
M/s. Chemox Exports Imports Pvt. Ltd.
Union of India, The Defence Estate Officer, Bombay Circle, The Commander, Command Quartering Office
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Nature of Litigation
Writ petition seeking mandamus to direct respondents to dehire a flat occupied by the Defence Department.
Remedy Sought
Writ of mandamus directing respondents to dehire the suit flat by giving effect to the dehiring policy.
Filing Reason
Petitioner purchased the flat but respondents continued to occupy it without regular use and failed to release it despite requests.
Issues
Whether the petitioner has an enforceable right to compel the respondents to dehire the suit flat based on an alleged dehiring policy.
Submissions/Arguments
Petitioner contended that the suit flat was not regularly occupied and was kept unused, and respondents had adopted a dehiring policy for private premises.
Respondents argued that the petitioner had no enforceable right to compel dehiring.
Ratio Decidendi
A writ of mandamus can only be issued to enforce a legal right. The alleged dehiring policy does not confer any enforceable right on the petitioner, and therefore the petition is not maintainable.
Judgment Excerpts
The petitioner seeks writ of mandamus directing the respondents to dehire the Flat No.4...
The few facts relevant for the decision are that the suit flat belonged to one Mohamed Ally Kaderjee Motiwala from whom the petitioner had purchased the same under the conveyance dated 7th November, 1983.
It is the contention of the petitioner that the suit flat is not being regularly occupied by the respondents and for a long time, it was kept without being used.
Procedural History
The petitioner filed Writ Petition No.1250 of 1993 in the High Court of Judicature at Bombay seeking a writ of mandamus. The petition was heard and dismissed on 29th August 2005.
Acts & Sections
- Constitution of India: Article 226
