Mr. Ankush Narayan Bagal And ANR. v. The State Of Maharashtra Through The Secretary, Revenue And Forest Dept. And ORS.

wp2211 ssp FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2211 OF 2014 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Subhash Gutte for the Petitioners Mr.V.S.Gokhale, AGP for the Respondent Nos.1 to 3. CORAM : A.S.OKA, & C.V.BHADANG,JJ.

DATE : JANUARY 20, 2016.

P.C.

Heard the learned counsel for the petitioners.

The only substantive prayer in this petition is prayer clause (b) which reads thus:

"(b) This Hon'ble Court may be pleased to issue Writ of Mandamus or any other appropriate Writ order or directions in the like nature thereby to direct the respondent Nos.2 and 3 to take decision/action against the railway authority as per notice dated 15/5/2008 (At Exh.`C' Colly') for recovery of damaged compensation of the petitioners damaged land with interest within time bound period."

wp2211 We have perused the notice dated 15th May 2008 (Exhibit-C to the petition).

The said notice is specifically issued under section 80 of the Code of Civil Procedure,1908. If the grievance of the petitioners is that no action has been taken on the basis of the said notice, their remedy is to file a civil suit.

Hence, writ jurisdiction under Article 226 of the Constitution of India cannot be allowed to invoked by the petitioner. Accordingly, we dispose of the petition by keeping the remedies of the petitioners open.

(C.V.BHADANG,J.) (A.S.OKA,J.)