Maharishi Kashyap Sewa Samiti and Another v. State of U.P. and 9 Others
Case brief
What is this about?
Writ maintainability — disputed questions of fact — writ court cannot adjudicate; petitioners alleged encroachment on public utility land (Talab/pond) at Gata No. 68, village Dehri Mustakim, Pital Bagri, Tehsil and district Moradabad and sought certiorari against order dated 31.5.2017 of respondent no.3 and mandamus for restoration of the pond; land recorded in the name of State Government and transferred to Moradabad Development Authority, which was constructing flats; writ petition dismissed as not maintainable with liberty to approach the common law court; decision dated 8.1.2020; Bench: Shashi Kant Gupta, J. and Piyush Agrawal, J.; no statutes or precedents cited.
What did the court decide?
Since disputed questions of fact are involved in the matter, the writ court cannot adjudicate them; the petitioners, if so advised, may seek remedy before the common law court in accordance with law for redressal of their grievance.