The petitioner challenged the installation of a tube-well and taking of his land by respondents. The Court held disputed facts could not be examined in writ jurisdiction and dismissed the petition, allowing a civil suit.
Writ petition dismissed; petitioner allowed to file a civil suit.
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Chief Justice's Court
Case :- WRIT - C No. - 10895 of 2011
Petitioner :- Rama Kant Respondent :- State Of U.P. And Others Counsel for Petitioner :- Vipin Kumar Saxena,Arvind Kumar Tripathi
Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,Chief Justice Hon'ble Saurabh Shyam Shamshery,J.
Cause of the petitioner is that the respondents have installed a tube-well on the land under title of the petitioner and further without paying any compensation, the respondents have taken over 8 biswas of the petitioner's land for their use.
A counter affidavit to the writ petition has been filed on behalf of the respondents stating therein that the tube-well was installed at least 33 years earlier and no objection in the interregnum period has been raised by the petitioner and, therefore, he cannot be permitted now to agitate his cause at a belated stage.
On going through the facts of the petition for writ, it appears that there are several facts which are highly disputed and those cannot be examined in writ jurisdiction. In view of it, we are not inclined to interfere in the matter. The writ petition is dismissed. The petitioner is at liberty to avail appropriate remedy including the remedy of suit before the Court competent.
Order Date :- 6.3.2019 VMA
(Saurabh Shyam Shamshery, J.) (Govind Mathur, C.J.)
1 issue framed by the court
Whether the Court of Writs should interfere when highly disputed facts regarding land acquisition and compensation exist.
Rama Kant
State Of U.P.
Govind Mathur
Saurabh Shyam Shamshery
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
