This discharge order dismissed a writ petition challenging a Gram Panchayat's construction of a boundary wall on alleged petitioner-owned land. The Court held that the ownership dispute is a question of fact requiring adjudication by civil or revenue courts, not this Court.
Writ petition dismissed on grounds that ownership dispute is for civil/revenue court.
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 AT JODHPUR
S.B. Civil Writ Petition No. 13036/2021
Modal Khan S/o Halim Khan, Aged About 50 Years, Village Teja Ki Beri, Teshil Sayala, District Jalore (Raj.).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Manas Khatri For Respondent(s) :
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
01/10/2021
This writ petition has been filed by the petitioner with the allegation that the respondent-Gram Panchayat is forcibly constructing boundary wall of a gram panchayat bhawan on the land belonging to the petitioner, allotted to him by the erstwhile Gram Panchayat. It is submitted that the Gram Panchayat has no jurisdiction to construct boundary wall on the land owned by the petitioner.
Having heard learned counsel for the petitioner and after going through the material available on record, this Court is of the
(2 of 2)
[CW-13036/2021]
opinion that the claim raised by the petitioner in this writ petition regarding ownership of the land and action of the Gram Panchayat of forcibly constructing boundary wall of a gram panchayat bhawan on the land belonging to the petitioner is the disputed question of fact which cannot be decided under Article 226 of the Constitution of India and the petitioner can very well approach the competent civil court/revenue court for redressal of his grievance.
In view of the above, this writ petition is dismissed.
(VIJAY BISHNOI),J
98-Taruna/-
1 issue framed by the court
Whether the construction of a boundary wall by a Gram Panchayat on land allocated to a petitioner, alleging ownership dispute, is a matter decretable under Article 226.
1 provisions across 1 enactments
Modal Khan
State Of Rajasthan
Gram Panchayat, Teja Ki Beri
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
