Delhi High Court High Court

Prem Chand Soni And Anr. vs Govt. Of Nct Of Delhi And Anr. on 9 January, 2006

Delhi High Court
Prem Chand Soni And Anr. vs Govt. Of Nct Of Delhi And Anr. on 9 January, 2006
Equivalent citations: 127 (2006) DLT 20
Author: M Katju
Bench: M Katju, M B Lokur


JUDGMENT

Markandeya Katju, C.J.

1. This writ appeal has been filed against the impugned judgment of the learned Single Judge dated 21st November, 2005. Heard learned counsel for the appellants and perused the records.

It appears that proceedings under Section 81 of the Land Reforms Act, 1954 was initiated against the appellants but subsequently these were dropped. Now, the grievance of the appellants is that the proceedings were mala fide. In these circumstances, the appropriate remedy for the appellants is to file a suit for damages and not to file a writ petition.

2. It may be mentioned that when a party claims damages, ordinarily it should file a Civil Suit and not a writ petition. It is only in some very rare cases e.g. of custodial death, etc., that damages are granted in a writ petition, but the ordinary rule is that one has to file a Civil Suit for such relief and not a writ petition. This is not one of the exceptional cases.

3. The appeal stands dismissed.