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1989 Supreme(AP) 161
Andhra Pradesh High Court
Judges : G.RADHA KRISHNA RAO
Bala Swamy - Appellant
Versus
Government Of A.P. - Respondent
Decided On : 03-24-89
The main legal point established is that when a specific remedy is available for recovery of the compensation amount under Order 21, C. P. C., the jurisdiction of the court under Art. 226 of the Constitution is ousted.
Headnote:
Mandamus - Land Acquisition - The court held that when a specific remedy is available for recovery of the compensation amount under Order 21, C. P. C., the jurisdiction of the court under Art. 226 of the Constitution is ousted.
Fact of the Case:
The petitioners sought a writ of mandamus to direct the respondents to pay the compensation amount due to them in the land acquisition proceedings. The Civil Court had already passed an award and enhanced the compensation, but the government appealed and was directed to deposit the amount. The petitioners sought recovery through Art. 226 of the Constitution.
Finding of the Court:
The court dismissed the writ petition, stating that the petitioners cannot invoke the jurisdiction of the court under Art. 226 of the Constitution when a specific remedy is available for recovery of the amount under Order 21, C. P. C.
Issues: The main issue was whether the petitioners could seek recovery of the compensation amount through Art. 226 of the Constitution when a specific remedy was available under Order 21, C. P. C.
Ratio Decidendi: The court held that when a specific remedy is available for recovery of the compensation amount under Order 21, C. P. C., the jurisdiction of the court under Art. 226 of the Constitution is ousted.
Final Decision: The writ petition was dismissed, and no costs were awarded.
( 1 ) THE petitioners, who are 145 in number, seek a writ of mandamus directing the respondents to pay the compensation amount due to them in the land acquisition proceedings. In this case, the award has already been passed and the parties approached the Civil Court for enhancement of the compensation. The Civil Court accepted their contention and enhanced the compensation. Aggrieved against the said judgment, the Govt. preferred an appeal before this Court, but this Court directed the Government to deposit the amount. The only remedy that is available to the petitioners for recovery of the amount is by filing an execution petition as contemplated under O. 21, C. P. C. Order 21, C. P. C. provides for the machinery in the event of not paying the amount. When specific remedy is available for recovery of the I amount, the petitioners cannot invoke the jurisdiction of this Court under Art. 226 of the Constitution. In a case where the party has get a remedy under O. 21, C. P. C. for executing the decree that has been duly passed by the competent Civil Court, the jurisdiction of this Court under Art. 226 of the Constitution is ousted. A Division Bench of this Court consisting of Jayachandra Reddy and Pandu-ranga Rao, JJ. in W. A. No. 1044 of 198s, dated 12-7-1988 took the same view.
( 2 ) THE writ petition is accordingly dismissed. No costs. Advocates fee Rs. 100. 00.
( 3 )
