SURENDRA NATH DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a petn. made under Article 226 of the Constitution praying for a writ in the nature of mandamus to be issued to compel the opposite party to refrain from or give effect to a certain notification made under the West Bengal Land Development & Planning Act, 1948 & the rules made thereunder.

(2.) A preliminary point has been raised in this case, namely, that before a writ of mandamus could be issued a demand for performance must be made preceding the appln. & further performance must have been refused. The demand for performance & refusal must fee established before any writ of mandamus or any writ in the nature of mandamus or any order under old Section 45, Specific Relief Act, could be made. This provision is incorporated in Section 46, Specific Relief Act. But it is equally applicable to a writ of mandamus or a writ in the nature of mandamus.

(3.) The matter is dealt with in Halsbury's Laws of England, 2nd Edn., Vol. 9 at p. 771 in these words :