High court writ - seeking new alternate relief before dispos


filed a writ of mandamus against police for not taking action on complaint

Ploice coming back and saying acknowledgement given because it is a civil matter. However it is criminal tresspassing. what to do.  

Also if court dismiises based on above, can we request court for ordering speedy disposal of civil suit to be filed in lower court. 

 

 
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Advocate

You are yet to file the civil suit. Speedy trial depends upon many a factor; court alone cannot ensure speedy disposal. Since it is, allegedly, a case of encroachment, you can seek interim reliefs.

 
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Advocate

Agree with P.Venu. .

 
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Advocate & Solicitor at Law

Mandamus is not maintainble as there already exists an alternate remedy in the form of an application u.s 156 (3). However the court cannot direct an expeditious disposal of the suit unless the same has already been filed and that too shall only be possible in case there is a separate petition file.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

 
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