rohit 15 August 2016
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.
P. Venu (Advocate) 15 August 2016
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.
N.K.Assumi (Advocate) 15 August 2016
Agree with P.Venu. .
Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 15 August 2016
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
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