Right to Reply, to Representations / Complaints
1 Legal Principle - Hon’ble Bombay High Court took judicial notice of fact that Public authorities do not respond to the representations made to them resulting in cases being filed in the Court:
2 Legal Principle - All public authorities / public officials must make a reasoned reply to the notices received by it:
3 Legal Principle - The Hon’ble Apex Court directed the Authority to decide the representation within a stipulated time by a reasoned order:
4 Legal Principle - the Statutory Authority was directed to pass a speaking order after hearing the Petitioners:
5 Legal Principle - Importance of giving Notice before filing of Suit against Public Authorities:
6 Legal Principle - Representation Must be made before Appropriate Authority before Seeking Writ of Mandamus against said Authorities:
7 Legal Principle - opportunity of hearing must be afforded to the Noticee before subjecting him to any liability:
8 Whenever a complaint is filed and there is some information, which requires an action, then the authorities competent are bound to act without any loss of time.
9 Doctrine of desuetude: the law that has not been enforced for a long time is assumed to be nullified.
10 Before praying Writ of Mandamus, it is obligatory upon Petitioners to make appropriate representation.
11 Failure of Authorities in discharge of their duties adding to the pendency and backlog of cases.
12 An Assesse has a vested right to personal hearing and the same has to be given, if an Assesse asks for it.
13 Our Constitution under Article 350 mandates that where a citizen raises a grievance before jurisdictional authorities, it cannot be kept unconsidered indefinitely.
14 Non consideration of the representation by the Statutory Authority would amount to dereliction of duty.