The petitioner has filed this writ petition seeking the following reliefs :
i) issue a writ of mandamus or other appropriate writ, Order or direction directing the 2nd respondent to restore the boundaries of the petitioner's property by returning the encroached land ;
ii) issue a writ of mandamus or other appropriate writ, Order or direction directing the 2nd respondent to consider and dispose Exhibit.P2 representation in accordance with law within a specified time limit that may be fixed by this Hon'ble Court;
iii) grant such other relief's as this Hon'ble court may deem fit in the circumstances of this case.
2. The case of the petitioner is that, property belonging to the petitioner has been taken possession of unauthorisedly and without taking recourse to the Land Acquisition Act, 1894, by force. The petitioner wants the issue of appropriate directions for recovery of the said property.
3. Heard. The proper remedy of the petitioner is to file a suit for recovery of possession of the property on the strength of his title. Such reliefs cannot be granted in a petition under Article 226 of the Constitution.
W.P.(C) No.31182 of 2014 2 This writ petition is therefore dismissed, relegating the petitioner to his remedy by filing a civil suit before the appropriate court.
Sd/-
K.SURENDRA MOHAN, JUDGE.
AV