High CourtsSingle Bench

Ali Sher vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 4 January 2022 · Citation: (2022) 01 UK CK 0031

HON’BLE JUDGES
Manoj Kumar Tiwari, J
ACTS & SECTIONS REFERRED
Constitution Of India, 1950 — Article 226
RESULT
Disposed Of
CASE NUMBER
Writ Petition (M/S) No. 2902 Of 2021
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Judgment

10 paragraphs · 145 words

Manoj Kumar Tiwari, J

1.

According to the petitioner, respondent no. 4 has raised a temporary structure on petitioner’s agricultural land.

2.

By means of this writ petition, petitioner has sought a direction to Competent Authority to dispossess respondent no. 4 from his agricultural land.

3.

Since the issue involved in the writ petition would require recording of evidence, both oral and documentary, which is not permissible under Article

226 of Constitution of India.

4.

Even otherwise also, disputed questions of fact and title cannot be resolved in public law remedy under Article 226 of Constitution of India. The

remedy of the petitioner would lie elsewhere.

5.

In such view of the matter, this Court declines to interfere in the matter. However, petitioner would be at liberty to approach the appropriate forum

available to him under law.

6.

The writ petition is, accordingly, disposed of.