Civil suit against municipal corporation
vinodkumar
(Querist) 11 March 2013
This query is : Resolved
WE HAVE A LAND FOR,A KABRASTAN PUBLIC PURPOSE, WE ARE IN POSSESSION OF SUCH LAND SINCE LASR 7 YEARS, HON. GUJ HIGHCOURT GIVE US THAT LAND IN VIEW OF OUR WRIT PETITON, AND ORDERD TO LOCAL AUTHORITY OF STATE TO GIVE US A LAND, THEN AFTER THAT ATHORITY ALSO MUNICIPAL CORRPO. GIVE US THAT LAND FOR OUR PUBLIC PURPOSE, NOW BEFOR FEW MONTHS MUNICIPAL CORPO, FORCEFULLY ENTERD IN OUR LAND AND DAMEGS, THE FENCING, AND WALL FOR TRYING TO MAKE A ROAD ON IT, WITHOUT ISSUE A LEAGLE NOTICE TO US, WE ARE OWNER OF THIS LAND IN REVENUE RECORD, AND ALSO ORDER OF DIST COLLECTOR, SO WE MOVE IN CORT FOR INJUCTION, NOW THE MUNICIPAL CORPORATION FILE THEIR W/S AS A PURSIS THAT, NOW FOR FEW MONTHS THEY STOP WORKING OF ROAD, AND THEY NOT STAR A WORK WITHOUT ISSUING A NOTICE U/S BPMC 487 TO US, PLANTIFF, NOW THE MY QUESTION IS THAT CORT SAYS THAT, THERE ARE NO ANY CAUSE OF ACTION ARISE, SO THE STAY APPLICATION IS PENDING, CORT AND OTHER SIDE ADVOCATE SAY ME TO WITHDRAW MY SUIT, AND WHEN THEY MUNICIPAL CORPORATION ISSUE A NOTICE TO ME THEN I FILE A FRESH SUIT. WHAT I DO IN THIS SITUTATIO? ANY OTHER PROCEDURE I FOLLOW?
Devajyoti Barman
(Expert) 11 March 2013
Check with your local law. Filing Writ against state authority is more productive in terms of time and relief than the regular civil suit.
R.K Nanda
(Expert) 11 March 2013
file writ against MC.
ajay sethi
(Expert) 11 March 2013
yes writ is better .
Raj Kumar Makkad
(Expert) 12 March 2013
Writ petition is better bet in the given facts.
prabhakar singh
(Expert) 12 March 2013
You are stating that your suit is pending,
and we are saying file writ,
while court is saying "no cause of action"
your advocate is saying "withdraw suit"
BUT I WOULD SAY:
When suit is already filed,no need nor shall writ would lie;
And the view of court that due to defendant's undertaking that they shall not continue any construction,hence you had no cause of action is quite erroneous;
And so is also the advise of your engaged lawyer.
WHY ? BUT?
Because to ascertain if plaintiff has cause of action or not a court has to look into only plaint and plaintiff documents and not into written statement or objection or documents of defendants.
And you had the cause of action the date you filled suit is proved from even the statement of defendant.
Then the court should pass a decree in the light of statement of defendants that they are perpetually restrained from carrying out any construction in suit land without adopting due procedure of law .
The suit must also be decreed for damages for illegal demolition of your wall provided any relief for that is also sought
for.
