When writ petition can be filed to "direct government authorities to make up their mind by saying YES or No"
There are many laws under which government authorities are required to grant or reject application or representation of people.
Suppose if a person has made an application, but government authority gives no reply.
Then what a person will normally do?
Some persons keep sending reminders.
Cases have come where they keep writing letters to authorities and ministers for NINE years.
When nothing happens, they come to High Court for direction to authority to decide their application. High Court rejects such petitions on ground of delay.
If any Govt authorities are not deciding your application, you should approach High Court within reasonable time.
Reasonable time, here means about six months.
You cannot delay your case by keep writing letters to Chief Ministers and Authorities. Even RTI inquiries may not serve purpose.
But if you reach High Court in reasonable time, the High Court will first see, whether you have any right under law to make such application.
If it is satisfied, it can direct authority to take a Yes or No decision on your application within two months.
If within two months, they take a decision to refuse your application, then you have to again challenge that refusal order on grounds which may be available to you, again within reasonable time.
The Point is
If you have a right to make an application under law, and if your application is not being decided, either this way or that way, than to keep writing letters reminders may not serve any purpose and later, your case will be liable to be dismissed on ground of delay.
Haresh Raichura
29/6/13
