Dr. Mumtaj Ahmed Khan vs Union Of India
2022 Latest Caselaw 7836 MP

                                                                    1
                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT JABALPUR
                                                                 BEFORE
                                                  HON'BLE SHRI JUSTICE RAVI MALIMATH,
                                                             CHIEF JUSTICE
                                                                    &
                                                  HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                           ON THE 15th OF JUNE, 2022

                                                   WRIT PETITION No. 12928 of 2022

                                        Between:-
                                        DR. MUMTAJ AHMED KHAN S/O LATE HAKIM
                                        KHAN, AGED ABOUT 63 YEARS, OCCUPATION:
                                        PROFESSOR IN FOOD AND SCIENCE AND
                                        TECHNOLOGY JAWAHAR LAL NEHRU KRISHI
                                        VISHWA   VIDYALAYA   JABALPUR   630/28
                                        RAMNAGAR ADHARTAL JABALPUR (MADHYA
                                        PRADESH)

                                                                                                .....PETITIONER
                                        (BY SHRI AJAY SHANKAR RAIZADA - ADVOCATE)

                                        AND

                                 1.     UNION OF INDIA THROUGH SECRETARY
                                        MINISTRY OF LAW 3RD FLOOR, CI WING LOK
                                        NAYAK BHAWAN KHAN MARKET, NEW DELHI
                                        (DELHI)

                                 2.     STATE OF MADHYA PRADESH THROUGH CHIEF
                                        S ECR ETARY VALLABH BHAWAN, BHOPAL
                                        (MADHYA PRADESH)

                                                                                              .....RESPONDENTS
                                        (BY SHRI H.S. RUPRAH - ADDITIONAL ADVOCATE GENERAL )

                                      This petition coming on for admission this day, Hon'ble Shri Justice
                                 Ravi Malimath, Chief Justice passed the following:
                                                                     ORDER

This petition is filed seeking the following prayer:- Signature Not Verified SAN "11.1 To direct respondent to make uniform law for all Digitally signed by MOHD IRFAN SIDDIQUI citizens of country/state.

Date: 2022.06.16 17:18:19 IST

11.2 To direct respondents to act in furtherance of the directions issued by courts time to time keeping in view Article 141 of the Constitution of India. 11.3 To pass any writ/order/or direction in the given or changed circumstances of the case in the interest of justice."

The plea of the petitioner is that a uniform law be enacted to bring about a Uniform Civil Code for all the citizens of India.

A specific question was asked to the learned counsel as to whether the Courts could issue a mandamus to direct the State to enact a law. He very fairly submits that there cannot be a mandamus to direct the State to enact a law. He submits that in view of the judgment of the Hon'ble Supreme Court in the case

of Mohd. Ahmed Khan vs. Shah Bano Begum, 1985 (2) SCC 556 and in the case of Sarla Mudgal Vs. Union of India, AIR 1995 SC 1531, a Uniform Civil Code requires to be enacted.

However, the question is still answered by the learned counsel to the effect that notwithstanding the same there cannot be a mandamus to direct the State to enact a law. In view of the same, no relief should be granted to the petitioner.

The writ petition is accordingly dismissed.

                                         (RAVI MALIMATH)                                      (VISHAL MISHRA)
                                           CHIEF JUSTICE                                           JUDGE
                                 irfan




Signature Not Verified
  SAN




Digitally signed by MOHD IRFAN
SIDDIQUI
Date: 2022.06.16 17:18:19 IST