Ayub Khan Joya and Another vs Gram Panchayat, Nadol

Dr. Vineet Kothari, J.—The dispute involved in the present writ petition is about the alleged encroachment made by the petitioner, which came in the way of widening the road by the respondent - Gram Panchayat, Nadol. Learned counsel for the respondent, Mr. Rajesh Parihar, submitted that proper notice was given to the petitioner vide Annex. 5 dt. 10.05.2013 and the petitioner has approached this Court by way of present writ petition against the said notice.

Mr. K.C. Samdaria, learned counsel for the petitioners, however, submits that the petitioners against the notice impugned have made representation before the respondent - Gram Panchayat. He further submitted that the ''Chabutari''/''Choki'', constructed outside the residential house of the petitioners have already been demolished by the respondent and road has been widened but the respondent may be restrained from demolishing the residential house of the petitioners without the due process of law.

Having heard the learned counsel for the parties, this Court is of the opinion that such issues cannot be decided in the writ jurisdiction under Art. 226 of the Constitution of India. The case admittedly involved the disputed questions of facts viz. whether the constructed houses existed on the public way or not and whether it was a encroachment or not. However, these disputed questions of facts cannot be decided here by the writ Court, which deserves to be decided with by proper evidence in the competent civil Court, and the writ jurisdiction is not meant for the this. Accordingly, the present writ petitions filed by the petitioners are found to be devoid of any force and the same are hereby dismissed. No costs. A copy of this order be sent to the concerned parties forthwith.