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5LEGAL ENGLISH v
Petition Writing • Mandamus – literally ‘we command’ – the higher courts order
the lower court, tribunal, forum or any other public authority to do any act
which anyway falls under the purview of their duty, when they fail to do so. –
• Such responsibility is of public nature – Who can file the Writ of Mandamus?
• Any person or private body if they have legal rights in the concerned matter to
High Court to prohibit – when the lower courts including the tribunals, forums
The absence of their jurisdiction, or exceed their jurisdiction or fail to make use
legal authority to determine the question with a duty to act judicially • Such a
court, tribunal or officer must have passed an order acting without jurisdiction.
Or in excess of the judicial authority vested by the law in such a court, tribunal
or officer. • The order could also be against the principles of natural justice. Or
the order could contain an error of judgment in appreciating the facts of the case
from acting in the capacity of a public office to which they do not have the
must be the public post • The post should be held by the person without any
legal authority • The office must be a substantive one and not merely the