LAWS(HPH)-2020-12-36

JOGINDER SINGH Vs. STATE OF H. P.

Decided On December 16, 2020
JOGINDER SINGH Appellant
V/S
STATE OF H. P. Respondents

JUDGEMENT

(1.) The instant petition has been filed for grant of following substantive relief:

(2.) It is more than settled that the primary purpose of a writ of mandamus, is to protect and establish rights and to impose a corresponding imperative duty existing in law. It is designed to promote justice (ex debito justiceiae). The grant or refusal of the writ is at the discretion of the court. The writ cannot be granted unless it is established that there is an existing legal right of the applicant, or an existing duty of the respondent. Thus, the writ does not lie to create or to establish a legal right, but to enforce one that is already established.

(3.) In Wharton's Law Lexicon, the word 'Right' means;