The Patna High Court disposed of a writ application concerning property title, holding it involves disputed facts unsuitable for writ jurisdiction and granting liberty to approach a Civil Court.
Liberty granted to approach Civil Court for adjudication of disputed factual questions regarding property.
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Patna High Court CWJC No.1112 of 1993 (11) dt.07-04-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1112 of 1993 ====================================================== 1. Harkesh Rai @ Haresh Rai 2. Sharda Rai 3. Ramashankar Rai sons of Late Suryabali Rai All resident of village and. Narahawa Shukul, P.S. Gopalpur, DistrictGopalganj . .... Petitioner/s Versus 1. The State of Bihar 2. The Collector, Gopalganj 3. The Additional Collector, Gopalganj 4. The S.D.O., Gopalganj 5. The Circle Officer, Kuchaikot, PO. & P.s. Kuchikot, District- Gopalganj. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashutosh Jha, Advocate with MR. Basant Kumar Singh -1 For the State : Shri Rakesh Kumar Sharma, A.C.G.P. 27 For the intervenors : Shri Keshasv Srivastava, Sr. Advocate with Shri Bhubneshwar, Advocate Shri V.K. Sinha, Advocate
====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11 07-04-2015 Learned counsel appearing on behalf of the parties fairly agree that the present writ application involves disputed questions of facts which cannot be adjudicated upon in a writ application under Article 226 of the Constitution of India.
In view of above, this writ application stands disposed of with a liberty to the petitioners to approach a Civil Court of competent jurisdiction for adjudication.
It goes without saying that the petitioners’ claim of their possession or title over the property in question, shall depend upon the outcome of the proceeding before such court.
(Chakradhari Sharan Singh, J)
ahk/-
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1 issue framed by the court
Whether a writ court can adjudicate upon disputed questions of fact regarding title over property
1 provisions across 1 enactments
Harkesh Rai @ Haresh Rai
Sharda Rai
Ramashankar Rai
The State of Bihar
The Collector, Gopalganj
The Additional Collector, Gopalganj
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
