Disputed Question Of Fact Regarding Title Of The Plot Can't Be Gone Into While Exercising Its Extraordinary Writ Jurisdiction: Rajasthan HC Disposes PIL

Justice Vinod Kumar Bharwani and Justice Sandeep Mehta, observed,

"In this view of the matter, manifestly, the disputed question of fact regarding title of the plot in question cannot be gone into by this Court while exercising its extraordinary writ jurisdiction. The issues definitely require decision of the civil court. Hence, the civil court is required to expedite the proceedings in the pending TI application."

The present writ petition in the nature of public interest litigation was filed by Balaji Nagar Vikas Samiti, Jodhpur through Its President Heera Lal Kulariya. The petitioner-society sought direction for removal of encroachments from a land allegedly to be that of the park/public utility in Khasra No.199, Pal Balaji Nagar, Jodhpur.

Notably, the court was apprised that a civil suit has been filed by the private respondents, wherein, the trial court has granted interim injunction in their favour.

While disposing of the plea, the court further observed that after the outcome of the temporary injunction application, the parties shall be at liberty to take recourse of the suitable remedy for redressal of their grievances.

The private respondents demonstrated that the land on which they are alleged to be the encroachers as a matter of fact comprises Plot No.59A and that they have a valid title thereof.

Adv. Moti Singh appeared for the petitioners, while AAG Sunil Beniwal, Adv. Mr. Bharat Boob and Adv. Aniket Tater for Sr. Adv. Manoj Bhandari appeared for the respondents.

Case Title: Balaji Nagar Vikas Samiti, Through Its President Heera Lal Kulariya v. Jodhpur Development Authority

Citation: 2022 LiveLaw (Raj) 60

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