Supreme Court of India · 2012-09-10
M/S Real Estate Agencies vs Govt.Of Goa & Ors
- Citation / case number
- AIR 2012 SUPREME COURT 3848
- Court
- Supreme Court of India
- Petitioner
- M/S Real Estate Agencies
- Respondent
- Govt.Of Goa & Ors
- Author
- Ranjan Gogoi
- Bench
- Ranjan Gogoi, P Sathasivam
Judgment text excerpt
The Supreme Court held that the Bombay High Court's refusal to grant relief in Writ Petition No. 98/11 was justified, as the petitioner, a registered partnership firm, had previously lost a civil suit regarding the right to construct on a portion of land designated as open space. The Court emphasized that the issue of title was not contested in the earlier proceedings, and the petitioner was recognized as the owner of the land. The Court affirmed that the petitioner must seek redress through civil court, as the matter involved rights over land and construction, which are not amenable to writ jurisdiction under Article 226 of the Constitution.