2025:JHHC:17637 IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 1769 of 2025 ----- 1. Habib Hussain Shah, S/o Late Idris Shah, R/o Village-Jala Basti, P.O.- Ghatiyali, P.S.-Pindrajora, Dist.-Bokaro 2. Badrinath Singh Choudhary, S/o Harendra Nath Singh Choudhary, R/o Village & P.O.-Kumirdoba, P.S.-Chandankyari, Dist.-Bokaro … …. Petitioners Versus 1. The State of Jharkhand through its Chief Secretary Project Bhawan Dhurwa, P.O. & P.S.-Dhurwa, Dist.-Ranchi 2. Deputy Commissioner Bokaro, P.O. & P.S.-Bokaro Steel City, Dist.- Bokaro 3. District Cooperative Officer, Bokaro, P.O. & P.S.-Bokaro Steel City, Dist.-Bokaro 4. The District Manager-Cum-District Supply Officer, Bokaro, P.O. & P.S.- Bokaro, Dist.-Bokaro 5. Shiv Shambo Aggrotech Pvt. Ltd. through one of its Director Balram Agarwal, S/o S.N. Agarwal, Rangadih, P.O. & P.S.-Govindpur, Dist.- Dhanbad 6. Kalyani Aggrotech Pvt. Ltd. through its Director Pankaj Kumar Agarwal, Kandra, P.O. & P.S.-Govindpur, Dist.-Dhanbad … …. Respondents ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Petitioners : Mr. A.K. Sahni, Advocate For the State : AC to Sr. S.C-1 ----- Oral Order 04 / Dated : 02.07.2025 1. The invocation of legal remedy, particularly under constitutional jurisdiction, is premised upon the infringement of a legal or fundamental right. It is a settled principle that in the absence of any such infraction, the extraordinary jurisdiction of this Court cannot be exercised. A writ petition lies before this Court only when there is a demonstrable violation of a legal or fundamental right. 2. Before this Court exercises its extraordinary jurisdiction, there must be material on record indicating that the petitioners have indeed suffered an injury or violation of rights. In the absence of such evidence, this jurisdiction cannot be invoked merely to pre-empt apprehended action or to settle personal scores, especially when no credible basis is shown for the apprehension. 2025:JHHC:17637 2 3. It has been held in Rajasthan State Industrial Development & Investment Corpn. Vs. Diamond & Gem Development Corpn. Ltd., {(2013) 5 SCC 470}: “22. Hence, discretion must be exercised by the court on grounds of public policy, public interest and public good. The writ is equitable in nature and thus, its issuance is governed by equitable principles. Refusal of relief must be for reasons which would lead to injustice. The prime consideration for the issuance of the said writ is, whether or not substantial justice will be promoted. Furthermore, while granting such a writ, the court must make every effort to ensure from the averments of the writ petition, whether there exist proper pleadings. In order to maintain the writ of mandamus, the first and foremost requirement is that the petition must not be frivolous, and must be filed in good faith. Additionally, the applicant must make a demand which is clear, plain and unambiguous. It must be made to an officer having the requisite authority to perform the act demanded. Furthermore, the authority against whom mandamus is issued, should have rejected the demand earlier. Therefore, a demand and its subsequent refusal, either by words, or by conduct, are necessary to satisfy the court that the opposite party is determined to ignore the demand of the applicant with respect to the enforcement of his legal right. However, a demand may not be necessary when the same is manifest from the facts of the case, that is, when it is an empty formality, or when it is obvious that the opposite party would not consider the demand.” 4. The instant writ petition has been filed for a direction for disposal of representation dated 20.09.2024 filed by the petitioners before the respondent No.4. 5. However, the pleadings do not disclose the right of the Petitioners that has been infringed for which the representation has been filed the pendency of which impelled the petitioners to invoke the extraordinary jurisdiction of this Court. 6. This Court is at loss to find any legal right to have been infringed for issuing Writ of Mandamus. Writ petition stands dismissed. Pending I.A., if any, stands disposed of. (Gautam Kumar Choudhary, J.) AKT/Satendra