Petition for Writ of Mandamus is filed to compel a government official or agency to perform a duty they are legally obligated to carry out. It is used when no other adequate legal remedy exists and the petitioner has a clear legal right that is being denied or delayed.
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Key Legal Grounds for Petition for Writ of Mandamus
The petition seeks to compel a government official or agency to perform a duty legally required. Common grounds:
- Failure to perform mandatory duty
- Unreasonable delay
- Violation of a clear legal right
Step-by-Step: How to File Petition for Writ of Mandamus
- Identify the legal duty owed.
- Exhaust administrative remedies.
- Prepare petition with facts, grounds, and relief.
- File with proper court.
- Serve petition to respondents.
- Attend hearings and provide evidence if required.
Documents Required
- Petition copy
- Proof of service
- Supporting evidence / correspondence
- Affidavits if required
Tips for Success
- Clearly state the legal duty and right.
- Provide detailed chronological facts.
- Ensure court jurisdiction.
- Attach all relevant supporting evidence.
Frequently Asked Questions
1. What is a Petition for Writ of Mandamus?
2. Who can file a Petition for Writ of Mandamus?
3. What documents are required?
4. How long does it take to get a hearing?