Case Note & Summary
The petitioner, R. Lakshman @ Lakshmana Reddy, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus to direct the Deputy Commissioner, Bengaluru District, to consider his representations dated 30.01.2017, 16.05.2017, and 26.05.2017 (Annexures A, B, and C) and take action against respondents 4 to 7, who were allegedly putting up construction on the petitioner's schedule property. The petitioner claimed to be the owner of the property and that the private respondents had no right to construct. However, the court noted that the petitioner was the unsuccessful plaintiff in a civil suit seeking a temporary injunction in respect of the same property. The petitioner had already approached the civil court and failed to obtain an injunction. The High Court held that when an efficacious alternative remedy of a civil suit is available and has already been availed, a writ of mandamus cannot be issued to direct revenue authorities to resolve a private land dispute. The court emphasized that disputed questions of title and possession cannot be adjudicated in writ jurisdiction. The petition was dismissed, but the court left it open to the petitioner to pursue all available civil remedies in accordance with law.
Headnote
A) Constitutional Law - Writ Jurisdiction - Alternative Remedy - Writ of Mandamus - Article 226 of the Constitution of India - The petitioner, unsuccessful in obtaining temporary injunction in a civil suit, sought a writ of mandamus to direct the Deputy Commissioner to consider his representations against private respondents. The High Court held that when an efficacious alternative remedy of civil suit is available and already availed, the writ petition is not maintainable. The court dismissed the petition, leaving it open to the petitioner to pursue civil remedies. (Paras 1-5)
B) Property Law - Land Dispute - Private Rights - Jurisdiction of Revenue Authorities - The dispute pertained to alleged encroachment and construction on the petitioner's land by private respondents. The court held that such disputes involving disputed questions of title and possession cannot be adjudicated in writ jurisdiction and must be resolved by the civil court. (Paras 2-5)
Issue of Consideration
Whether a writ of mandamus can be issued directing the Deputy Commissioner to consider representations regarding a private land dispute when the petitioner has already filed a civil suit for injunction.
Final Decision
The writ petition is dismissed. The petitioner is at liberty to avail all such remedies as are available to him in accordance with law.
Law Points
- Writ of mandamus not maintainable when alternative remedy of civil suit is available
- Private dispute cannot be resolved through writ jurisdiction
- High Court under Article 226 cannot adjudicate disputed questions of title and possession
Case Details
2017 LawText (KAR) (10) 9
Writ Petition No.23665/2017 (KLR-RES)
G. S. Venkat Subba Rao (for petitioner), Pramodhini Kishan (AGA for R1 to R3)
R. Lakshman @ Lakshmana Reddy
State of Karnataka, Deputy Commissioner, Tahasildar, S.N. Jagannath, Smt. Jayamma, Sri Charan, Sri Narasimhamurthy
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Nature of Litigation
Writ petition seeking mandamus to direct Deputy Commissioner to consider representations against private respondents regarding land dispute.
Remedy Sought
Writ of mandamus directing the Deputy Commissioner to consider the petitioner's representations and declare that respondents 4 to 7 have no right to put up construction in the schedule property.
Filing Reason
Petitioner claimed ownership of land and alleged that private respondents were illegally constructing on it; he had previously filed a civil suit for injunction but was unsuccessful.
Previous Decisions
Petitioner was the unsuccessful plaintiff in a civil suit seeking temporary injunction in respect of the same property.
Issues
Whether a writ of mandamus can be issued to direct revenue authorities to consider representations in a private land dispute when the petitioner has already availed the alternative remedy of a civil suit.
Whether disputed questions of title and possession can be adjudicated in writ jurisdiction under Article 226 of the Constitution.
Submissions/Arguments
Petitioner argued that he is the owner of the schedule property and that respondents 4 to 7 have no right to put up construction, and sought direction to the Deputy Commissioner to consider his representations.
Respondents (State) argued that the writ petition is not maintainable as the petitioner has an alternative remedy of civil suit, which he has already availed.
Ratio Decidendi
When an efficacious alternative remedy of a civil suit is available and has already been availed by the petitioner, a writ of mandamus cannot be issued to direct revenue authorities to resolve a private land dispute involving disputed questions of title and possession. The High Court under Article 226 will not entertain such petitions.
Judgment Excerpts
The unsuccessful plaintiff in the suit, to get an order of temporary injunction in respect of his private landed property is before this Court for a writ of mandamus directing the second respondent/Deputy Commissioner to consider the representations given by the petitioner...
It is the case of the petitioner that he is the owner of the schedule property...
When the petitioner has already availed the remedy of civil suit, the present writ petition for a writ of mandamus is not maintainable.
The writ petition is dismissed. However, the petitioner is at liberty to avail all such remedies as are available to him in accordance with law.
Procedural History
The petitioner filed a civil suit for temporary injunction which was unsuccessful. Thereafter, he filed representations to the Deputy Commissioner seeking action against private respondents. When no action was taken, he filed the present writ petition under Articles 226 and 227 of the Constitution seeking a writ of mandamus to direct the Deputy Commissioner to consider his representations.
Acts & Sections
- Constitution of India: Article 226, Article 227
