The question (15 marks)
Rohan applied to a ward officer of a municipal corporation for permission to repair his flat, enclosing the society's no-objection letter and a structural engineer's certificate. After two reminders the officer rejected the application by an order stating only that the building is dilapidated, without any inspection and without hearing him. His representation to the Commissioner has gone unanswered. Advise Rohan on his remedy and set out the grounds and the declarations his petition must contain. (15 marks)
MU Module IV, writ petition under Article 226; pack ch. 04.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 4 · Writ Petitions and Public Interest Litigation of Drafting, Pleading and Conveyancing – I.
Authorities you will need
- Constitution of India, Article 226, clauses (1) and (2)
- Constitution of India, Articles 12 and 14
- Calcutta Gas Co v State of West Bengal
- Syed Yakoob v K S Radhakrishnan
- Greater Mohali Area Development Authority v Manju Jain
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.