SRINAGAR: A person against whom a writ can be issued must have some statutory or public duty to perform, the J&K High Court ruled on Friday, while it dismissed the plea of a business unit holder at Tengpora here.
The petitioner, Adil Gaffar Beigh, had filed a writ petition against Additional District Magistrate Srinagar’s 8 August 2015 order, directing him to close the business unit and shift it within ten days.
“A writ petition is a remedy in public law which can be filed by any person but the main respondent should either be the State Government, governmental functionaries, or its instrumentalities or agencies,” a bench of Justice Bansi Lal Bhat observed while dismissing Beigh’s writ petition.
“The person against whom writ can be issued must have some statutory or public duty to perform. Power under Article 226 is exercised at the instance of persons or citizens for vindication of their constitutional or statutory rights. The relief under Article 226 can be claimed ex debito justitiae (a remedy that the court has no discretion to refuse) or as a matter of right when there is infringement of fundamental rights.”
Beigh is the proprietor of M/S Kashmir Business Corporation and had established the business at Tengpora Bypass here. He was ordered to shut the unit on a complaint that it was being run in the residential area. The person who had filed the complaint had claimed that the business unit was established adjacent to his residential house and that it was producing fumes and creating noise pollution.
He had stated that the unit has made his life as also the inhabitants of the area miserable and had accordingly demanded the ADC to stop the business establishment.
“It is seen from the pleadings of the parties and the record available in the case that there is no perversity in the order passed by the Executive Magistrate, who has exercised his jurisdiction within the bounds of law,” the court said dismissed Beigh’s petition being ‘meritless.’