Filing Writ when matter is subjudice

Is it against the procedure to file a writ in HC when a consumer court case is pending on the same matter.

---   yes.definitely.

same matter can not be trailed in two diffrent court.

before filling a case you have to put an affidevit that the same matter not sub judis any other court in india.

if you give a false affidevit - that will be contempt of court.

you show your matter to a senior lawyer at your place.

if you are able to prove that the subject is diffrent, then it may file.mind it that when opposition will come to court they definitely oppose the writ on the above ground.

if you found that the matter is more suitable as writ  than the consumer court, you have the right to withdraw the petition of consumer court and file it as a writ.

trailed > tried

Thanks for your reply. My situation is as below

I booked a flat in group housing complex. Possession was due in March 2010 but has been delayed since. In early 2011 i noticed that the builder is raising a shopping complex in-front of my flat. I filed a case in consumer court and got a temporary injunction agaist raising the shop building beyond ground floor. This case is for deficiency in service as the shop building blocks natural light ventilation and air. In May 2011 I filed another case against builder in the same consumer court for deficinecy in service (possession of flat and penalty not given in violation to the agreement).

Now I want to file one more case aginst builder for constructing residential buildings in violation to the byilding bye-laws and thus endangering the lives of the residents (hazardous goods). Now Development authority is also a party as they have approved a plan in violation the building bye-laws after acting in connivance (taking bribes, through corrupt means) with the builder.

So Now I am in dilemma Should I file a consumer court case or Writ. Is it OK if i don't make the development authority a party in the consumer court case (only builder will be party) and parallely I file a writ. In the writ there will be only one respondent i.e the development authority.

Does the Case No. 1 disqualify me from filing writ? Case No.1 is just for easement while writ is for endangering lives. Also the respondents will be different.

A Government body can be sued in consumers Forum. I recently read a Supreme Court Order in this regard, the Lucknow Development Authority was sued in Consumers Forum

Mr Rakesh,

Generally relief cannot be sought for against a private person/Body in a Writ Court. However, Writ can always be issued against State and its functionaries. Therefore, you cannot seek the any relief against the builder before High Court directly, for constructing the houses in violation of any Rules and Regulations. What you can do is that you can approach the High Court to issue directions against the Development Authorities to take measures, if any, they can, to penalise the builders or to issue proceedngs to penalise the erring officials who were party to grantin approval to such plans etc. Its better you consult an advocate with your documents, so that he can advsie you as to what best can be done in your case.

with Regards

Ambika Prasad Mishra

Is this allowed

Case No.1 In consumer court against Builder for building  constructions aginst the bye-laws

Cse No.2  In Allahabad High Court against Development Authority for approving plans that are in violation to the building bye-laws. And for not taking action against the builder after numerous complaints and RTIs from the petitioner

The matter is same but the respondents are different. One case is gainst construction of building that are Hazardous and the other is for approving/allowing such constructions.

yes.... this is permissible....

 i feel that question  of law is most important .if the matter relates differt question in same matter,writ is the only alternative