Civil Appeal regarding Writ Petition No. 2211 of 2014. The Court dismissed the writ petition, holding that a notice under Section 80 CPC indicates the remedy is a civil suit. Writ jurisdiction under Article 226 was not invoked. Petition disposed open.
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FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.2211 OF 2014
Office Notes, Office
Memorandam of Coram,
appearances, Court’s orders Court’s or Judge’s orders
or directions and
Registrar’s orders
Mr.Subhash Gutte for the Petitioners
Mr.V.S.Gokhale, AGP for the Respondent Nos.1 to 3.
CORAM : A.S.OKA, &
C.V.BHADANG,JJ.
DATE : JANUARY 20, 2016.
P.C.
1Heard the learned counsel for the
petitioners. The only substantive
prayer in this petition is prayer
clause (b) which reads thus:
“(b) This Hon'ble Court may be pleased
to issue Writ of Mandamus or any other
appropriate Writ order or directions in
the like nature thereby to direct the
respondent Nos.2 and 3 to take
decision/action against the railway
authority as per notice dated 15/5/2008
(At Exh.`C' Colly') for recovery of
damaged compensation of the petitioners
damaged land with interest within time
bound period.”
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2We have perused the notice dated
15thMay 2008 (ExhibitC to the
petition).Thesaidnoticeis
specifically issued under section 80 of
the Code of Civil Procedure,1908. If
the grievance of the petitioners is
that no action has been taken on the
basis of the said notice, their remedy
is to file a civil suit.
3Hence, writ jurisdiction under
Article 226 of the Constitution of
India cannot be allowed to invoked by
the petitioner. Accordingly, we dispose
of the petition by keeping the remedies
of the petitioners open.
(C.V.BHADANG,J.)
1 issue framed by the court
Whether writ jurisdiction under Article 226 of the Constitution can be invoked for recovery of damaged compensation where notice under Section 80 CPC was issued.
1 provisions across 1 enactments
Petitioners
Respondent Nos. 1 to 3
A.S. Oka
C.V. Bhadang
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court