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Mandamus

Prerogative Writs & Extraordinary Remedies

Definition

"We command." A constitutional writ issued by a High Court or the Supreme Court compelling a public officer, statutory body, or government authority to perform a mandatory statutory duty that they have refused, neglected, or failed to perform.

Example

In Gujarat State Financial Corporation v. Lotus Hotels, the state financial corporation arbitrarily refused to disburse an already-sanctioned industrial loan, causing construction to halt; the Supreme Court issued a writ of Mandamus directing the corporation to disburse the funds as legally promised.