CS Executive · Jurisprudence, Interpretation and General Laws · Administrative Laws
A Municipal Board has a clear statutory duty to decide an application for a trade licence within 30 days, but it has kept the application pending for a year without reason. The applicant seeks a direction compelling the Board to decide. Which writ fits best?
Mandamus is the right writ. It directs a public authority to perform a public duty imposed by law that it has refused or failed to perform. Certiorari needs an existing decision to quash and prohibition stops proceedings, so neither compels the Board to decide the application.
- AProhibition
- BCertiorari
- CMandamusCorrect
- DQuo warranto
Explanation
Mandamus commands a public authority to perform a public legal duty it has failed to perform. Here the statutory duty to decide exists and is not being discharged. Certiorari is wrong because no decision exists to be quashed, and prohibition is preventive against excess of jurisdiction, not a tool to compel action.
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