injunction suit
raghavendra
(Querist) 25 January 2011
This query is : Resolved
sir,
i my friend was granted land from karantaka housing board , with certain condition , as of one condition i i constructed the house but now i have done demolition , now KHB issued notice to me saying they will take my site back , i want to file injunction ,
in which court i want to file case whether it is jmfc or senior dicision court ,cos in our town there is no district court,
thanking you
G. ARAVINTHAN
(Expert) 25 January 2011
challenge the notice by filing a writ
Khaleel Ahmed Mohammed
(Expert) 25 January 2011
You are advised to file civil suit,Jurisdiction depends up on the valuation of the suit property.
Y V Vishweshwar Rao
(Expert) 25 January 2011
I Agree with Aravinthan ! It is better to file WP -You have to Verify about any prohibition/Bar-for filing suit against Housing Board -Under Karnataka Housing Board Act!
Parveen Kr. Aggarwal
(Expert) 25 January 2011
What has been alleged by the KHB in the notice regarding breach of any condition?
Is there any condition in the agreement that site can be taken back?
In case the adverse action proposed in the notice to be taken against you is not in accordance with law, you may either file a Writ Petition before the High Court or a civil suit before the Civil court having jurisdiction over your area.
R.venkatesh Naidu
(Expert) 27 January 2011
writ petition is not necessary. Because it is a civil dispute. better you go to file a injunction in proper jurisdiction of civil court under the vaule of the property.