The Delhi High Court dismissed a writ petition involving a dispute over private property, holding that a suit is the appropriate remedy for encroachment claims.
The writ petition is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(C) NO.6601 OF 2017
9.5.2017 Heard learned counsel for the petitioner.
This writ petition involves civil right of the petitioner involving the disputed pr
operty. No writ will be entertained on the allegation that the public authority is encroaching
over the private property of the petitioner. The petitioner has a remedy of suit.
The writ petition thus stands dismissed.
Dismissal of the writ petition shall not debar the petitioner from agitating the is
sue by way of a civil suit.
2
2 issues framed by the court
Whether any writ lies on an allegation that the public authority is encroaching over the private property of the petitioner.
Whether dismissal of the writ petition debars the petitioner from agitating the issue by way of a civil suit.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court