The court dismissed a writ petition filed as a PIL regarding the construction of a house over a public road. The writ petitioners had already filed a civil suit (O.S.No.130 of 2003) for the same relief and obtained interim orders therefrom, precluding simultaneous proceedings.
No order as to costs. The writ petition is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON'BLE SRI BILAL NAZKI, THE ACTING CHIEF JUSTICE
AND
THE HON'BLE SRI JUSTICE G.CHANDRAIAH
WRIT PETITION NO.14569 OF 2005
Date: 22-08-2005
Between:
Neelam Sayanna and others …Petitioners
And
The District Panchayat Officer and
others …Respondents
THE HON'BLE SRI BILAL NAZKI, THE ACTING CHIEF JUSTICE
AND
THE HON'BLE SRI JUSTICE G.CHANDRAIAH
WRIT PETITION NO.14569 OF 2005
O R D E R (Per the Hon’ble Sri Bilal Nazki, ACJ):
Though this writ petition is filed under public interest litigation, but it appears that already a suit has been filed by the petitioners being O.S.No.130 of 2003 for the same relief, which is claimed in this writ petition. The writ petitioners case is that the sixth respondent has constructed a house over a public road and for this purpose, they have already filed a suit, which is pending in a civil Court. They have obtained
some interim orders also from the civil Court. In these circumstances, the petitioners cannot be allowed to have two remedies simultaneously. The writ petition is liable to be dismissed and is accordingly dismissed. No order as to costs.
__________________ (Bilal Nazki, ACJ)
22nd August, 2005 __________________ (G.Chandraiah,J) vrn
1 issue framed by the court
Whether a writ petition should be maintained when a suit for the same relief is pending under Article 226 of the Constitution/Article 226.
Neelam Sayanna and others
The District Panchayat Officer and others
Bilal Nazki
G. Chandraiah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
