Summary
A writ seeking action against a petrol pump and marriage hall was, in substance, an attempt to resolve a private family property dispute through mandamus against public authorities. That course was impermissible on these facts. Civil and pending Company Law Board remedies remained available, while statutory authorities retained responsibility to address any legal violations independently. No view on title or legality of the activities was expressed.
Issues
- Whether a private family property dispute could be pursued through a writ directing authorities to restrain other family members’ use of the property.
Held
- The writ was not public-interest litigation but was essentially directed to settling the petitioner’s personal property disputes. Seeking mandamus against State authorities did not permit indirect adjudication of those private rights in writ jurisdiction. (¶ 14–17)
- Ownership, letting authority, arrangements under the family settlement and alleged breaches had a material bearing on the requested relief. Such inter se questions belonged before the appropriate civil or other competent forum; pending CLB proceedings had to be pursued according to law. (¶ 18–20)
- All judicial remedies remained open and the merits were undecided. State authorities were to consider any statutory contravention and appropriate action according to law; courts, tribunals and authorities were to decide uninfluenced by observations in the judgments. (¶ 21–23)
Result
Appeals dismissed with observations preserving appropriate remedies and independent statutory action; interim orders vacated. Connected appeals by the private-company respondent also dismissed.