Bhasi Dei v. Naba Behera
Case brief
What is this about?
Court dismissed the writ petition as a private dispute regarding excavation near petitioner's house, stating it is not maintainable under Article 226 and directing the common law forum.
What did the court decide?
Petitioners directed to approach common law forum for redressal.
What the court decided
W.P.(C) NO.10995 of 2018
- 25.09.2019
Heard.
The dispute between the petitioners and the Opposite Parties 1 & 2 is that the Opp. Parties 1 & 2 are digging a Pond near the house of the petitioners, thereby creating possibility of damage to the house of the petitioners.
This being a private dispute, no cognizance can be taken in this matter under Article- 226 of the Constitution of India.
The petitioners, if so advised, may move the common law forum for redressal of their grievance.
The writ application is accordingly disposed
of.
………………………….
Subha
C.R. Dash, J.
Issues for consideration
1 issue framed by the court
Whether Article 226 is maintainable for a private dispute regarding excavation near petitioner premises.
Parties & counsel
- petitioner
Petitioners
- respondent
Opposite Parties 1 & 2
Coram
C.R. Dash
Case details
As recorded by the court registry
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