Single judge of High Court held that eas to evict petitioners requires proof of possession and ownership, disputes which are questions of fact. Art. 226 is inappropriate remedy for such factual disputes.
Writ petition dismissed.
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Court No. - 64
Case :- WRIT - C No. - 12208 of 2020
Petitioner :- Hari Har Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Tariq Naiyer,Himanshu Mishra,Zafar M. Naiyer (Sr. Adv.)
Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
Supplementary affidavit filed by the counsel for the petitioners is taken on record.
The present writ petition has been filed by the petitioners praying for a writ of mandamus directing the respondentstate authorities and the Gaon Sabha not to evict the petitioners, except in accordance with law, from Plot No.266 over which the petitioners claim to have planted their trees.
It appears from the averments made in the writ petition and from the statement given at the Bar that Plot No.266 is recorded as Banzar in the revenue records and therefore, vests in the Gaon Sabha.
No relief as prayed by the petitioners can be granted in the present writ petition because any such relief would amount to acceptance of the claim of the petitioners that the petitioners are in possession of the disputed plot and the trees existing on the same were planted by the petitioners.
The aforesaid involves a disputed question of fact and a writ under Article 226 is not the appropriate remedy for the same. The petitioners have other remedies before them which they can avail by proving their possession and ownership over the trees.
In view of the aforesaid, the writ petition is dismissed.
Order Date :- 10.9.2020 IB
2 issues framed by the court
Whether to grant writ of mandamus directing authorities not to evict petitioners from a plot claimed by them.
Whether the dispute over possession and ownership of trees and plot is a question of fact suitable for Article 226 remedy.
Hari Har Singh And Another
State Of U.P.
2 Others
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
