M/s Fives Stein India Project Pvt. Ltd., Kolkata Versus State of M.P. and others

Madhya Pradesh High Court (Single Judge)

WRIT PETITION, 22577 of 2018, Judgment Date: Nov 02, 2018

Law laid down -

1. The expression “shall” is not conclusive to determine the provision as directory or mandatory. The Court is required to ascertain the real intention of the Legislature which will include the examination, nature and design of the statute and the consequences.
2. In all cases, failure to perform a duty within the time limit, does not render the action a nullity. Where a provision lays down a period within which the public body should perform any function, the provision is merely directory and not mandatory.
3. Alternative remedy is not an absolute bar to entertain a writ petition under Article 226 of the Constitution of India, but where a statutory forum and remedy is created by law for redressal of grievances, a writ petition should not ordinarily be entertained.

M/s Fives Stein India Project Pvt. Ltd., Kolkata  Versus State of M.P. and others