Case Note & Summary
The petitioner, The Koppal Oil and Refineries Limited, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench, seeking to quash an endorsement dated 26.06.2023 issued by the Assistant Commissioner, Koppal (Respondent No. 3). The endorsement pertained to land acquisition proceedings. The petitioner also sought a declaration that the actions of Respondents No. 2 and 3 and the endorsement were not of statutory character, and a writ of mandamus directing the respondents to remove materials including railway track from the petitioner's land. The court, after hearing the parties, observed that the endorsement was merely a communication of information and not a statutory order. The court noted that the petitioner had alternative remedies available under the Land Acquisition Act, 1894. Consequently, the court dismissed the writ petition as not maintainable, holding that the impugned endorsement was not amenable to writ jurisdiction. The court did not express any opinion on the merits of the case and left it open for the petitioner to pursue appropriate remedies in accordance with law.
Headnote
A) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - Maintainability - The petitioner sought quashing of an endorsement issued by the Assistant Commissioner regarding land acquisition proceedings. The court held that the endorsement was merely a communication of information and not a statutory order, and thus not amenable to writ jurisdiction. The petitioner had alternative remedies under the Land Acquisition Act, 1894. (Paras 1-5) B) Land Acquisition - Endorsement - Land Acquisition Act, 1894 - Nature of Communication - The endorsement bearing No. Khandaya/Bhuswa/Sa/2/2017-18 dated 26.06.2023 was issued by the Assistant Commissioner in response to the petitioner's representation. The court held that such an endorsement does not have statutory character and cannot be challenged by way of a writ petition. (Paras 2-4)
Issue of Consideration
Whether the endorsement dated 26.06.2023 issued by the Assistant Commissioner is a statutory order amenable to writ jurisdiction under Articles 226 and 227 of the Constitution of India.
Final Decision
The writ petition is dismissed as not maintainable. The impugned endorsement is not a statutory order and the petitioner has alternative remedies under the Land Acquisition Act, 1894. No opinion on merits.
Law Points
- Writ jurisdiction under Articles 226 and 227 of the Constitution of India
- Nature of endorsement as non-statutory communication
- Alternative remedy under Land Acquisition Act
- 1894
