Question
With reference to the writs issued by the Courts in India, consider the following statements :
1. Mandamus will not lie against a private . organisation unless it is entrusted with
a public duty.
2. Mandamus will not lie against a Company even though it may be a Government Company.
3. Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.
Which of the statements given above are correct ?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer:
C
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Explanation:
Statement 1 is right and Statement 2 is wrong
Mandamus literally means “Command”. It is thus an order of a superior court commanding a person holding a public office or a public authority.
Statement 3 is correct
Quo Warranto is a writ or legal action requiring a person to show by what warrant an office or franchise is held, claimed, or exercised. Any public minded person can file this petition.