Rajasthan HC: Disputed Question of Fact regarding title of plot cannot be gone into while exercising extraordinary Writ Jurisdiction

Rajasthan high court Law Insider

Munmun Kaur

Published On: February 14, 2022 at 13:37 IST

Recently, Rajasthan High Court made an observation that the disputed question of fact regarding the title of a plot cannot be gone into by the High Court while exercising its extraordinary Writ Jurisdiction and therefore, the issues require a decision of Civil Court.

The observation was made by a Division Bench of Justice Sandeep Mehta and Justice Vinod Kumar Bharwani. The Rajasthan High Court was hearing a Writ Petition in the nature of Public Interest Litigation (PIL), wherein the Petitioner society sought a direction for removal of encroachments from a land allegedly to be that of the park/public utility in Khasra No.199, Pal Balaji Nagar, Jodhpur.

The Respondents had demonstrated that the land on which they are alleged to be the encroachers as a matter of fact comprised of Plot No.59A and that they had a valid title thereof. The High Court noted that a Civil Suit was filed by the private Respondents, wherein, the Trial Court had granted an interim Injunction in their favour.

The High Court observed, “In this view of the matter, manifestly, the disputed question of fact regarding the title of the plot in question cannot be gone into by this Court while exercising its extraordinary writ jurisdiction.”

The High Court further observed that the issues in the present Case required a decision of the Civil Court. Therefore, the Civil Court was required to expedite the Proceedings in the pending Temporary Injunction Application.

While disposing the Plea, the High Court also observed that after the outcome of the Temporary Injunction Application, the parties shall be at liberty to take the recourse of the suitable remedy for redressal of their grievances.

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