Petitioner challenging construction opposition by respondents due to land title dispute. Court held that possession and title disputes are civil matters excluding writ jurisdiction.
Petition consigned to records with liberty to approach civil court.
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Court No. - 40
Case :- WRIT - C No. - 21786 of 2021
Petitioner :- Anil Kumar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Shiva Priya Prasad Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.
Petitioner contends that though he is the owner in possession of a plot of land, on which he has also constructed his house and toilet, but the private respondents are objecting to the constructions being raised by the petitioner.
It is asserted that the petitioner has been provided funds for construction of house under the Pradhanmantri Awas Yojana, but he is not able to utilize the amount.
Perusal of records would go to show that there exists a dispute in respect of abadi land between petitioner and the private respondents. A report of the Revenue Officer is on record, as per which private respondents have objected to the constructions being raised by the petitioner on the ground that part of land, on which such construction is being raised, actually belongs to private respondents.
Law is settled that any dispute in respect of possession or title over the property can only be resolved by the appropriate civil court. Petitioner in such circumstances would have the remedy of approaching the competent court for necessary relief. Writ petition is not the appropriate forum for adjudication of such disputed questions, particularly when the matter can be resolved only after evidences are led by the parties.
Leaving it open for the petitioner to approach the appropriate forum, this writ petition is consigned to records.
Order Date :- 21.12.2021 D. Tamang
3 issues framed by the court
Whether this writ petition is the appropriate forum to adjudicate a dispute regarding possession and title over the property.
Whether the construction raised by the petitioner can be challenged before this court despite possession of the plot.
Whether there is a dispute between the petitioner and private respondents regarding abadi land ownership.
Anil Kumar
State Of U.P.
Ashwani Kumar Mishra
Vikram D. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
