Writ v/s injuction suit
S.R.Venkatraman
(Querist) 26 February 2013
This query is : Resolved
I would like to know whether a writ petition or an injunction suit will be more effective against land grabbing cases.
Also, whether after filing a suit,is it permissible under law to file a writ petition for a direction to police to provide protection or to take action against the F.I.R filed by them?
Is it the only way available for victims of land grabbing to file a suit in the court and wait for justice? or is there other ways out i.e through the action of local police.
In land grab cases how much is the police actually empowered to act against culprits?
Also the reason behind why the police are wrongly directing the victims of land grab to seek legal remedies when 'land grabbing' itself is criminal in nature?
Devajyoti Barman
(Expert) 27 February 2013
If the primary relief is to get back the property then file civil suit.
If relief sought is for protection against attempt of land grabbing then file writ petition.
R.K Nanda
(Expert) 27 February 2013
file injunction suit in civil court.
writ is the last remedy.
Raj Kumar Makkad
(Expert) 04 March 2013
There cannot be comparison between the two separate and distinct remedies.
prabhakar singh
(Expert) 04 March 2013
Land laws fall with in legislative capacity of states.Not every state has legislated Land Grabbing Act.In Andhra "Andhra Pradesh Land Grabbing (Prohibition) Act, 1982"has been passed.It provides for punishing such land grabbers and protecting Government and other private properties.
A writ is very special remedy as well as discretionary too and commonly be refused if an alternative remedy is provided in law.Then one can not invoke this class of remedy in alternate of a suit.
