Petitioner sought quashing of demolition of pucca construction and restoration/compensation during a pending civil suit. The Court declined extraordinary jurisdiction under Article 226 due to disputed factual questions.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1613/2020
Devi Sahai S/o Girraj, Aged About 53 Years, By Caste Meena, R/o Karodi, Tehsil Sikrai, District Dausa
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Hukam Chand Saini For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
05/02/2020
This writ petition has been filed by the petitioner with the
following relief:-
(2 of 2)
[CW-1613/2020]
respondent that too during pendency adjudication of the civil suit between the parties may kindly be quashed and set aside. b) By an appropriate writ of order or direction in the nature thereof, thereby the respondents may kindly be directed to restore the position of the pucca Danda of the petitioner at the disputed land at their own cost as it was as on filing of the suit and existed as on date of demolition and maintain status quo thereof till final outcome of the pending civil suit.
c) By an appropriate writ order and direction in the nature thereof the respondents also deserves to be directed to adequately compensate the petitioner for causing mental agony, physical suffering and financial loss caused to the petitioner without verifying the facts on the basis of malicious complaint when the matter is already pending adjudication before the competent Court of law.
Admittedly, the civil suit (Annex.-1) is pending between the parties before the civil Court. In my considered view, no relief prayed for can be granted in the present writ petition as disputed question of facts are involved in this matter, hence, I am not inclined to exercise the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.
Accordingly, the writ petition is dismissed.
(INDERJEET SINGH),J
Arun/54
2 issues framed by the court
Whether the Court can exercise extraordinary jurisdiction to quash the demolition of pucca construction during the pendency of a civil suit.
Whether disputed questions of facts prevent the grant of writ relief under Article 226.
1 provisions across 1 enactments
Devi Sahai
State Of Rajasthan
Ranglal
INDERJEET SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
