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Judgment
15 paragraphs · 240 wordsManoj Kumar Tiwari, J
Heard learned counsel for the parties through video conferencing.
By means of this writ petition, petitioner has sought the following relief:
“I. Issue Writ, Order or Direction in the nature of Mandamus Commanding the Respondent no. 2 to remove the Encroachment on the land of the
petitioner pursuant to the Enquiry Report dated 20/3/2017& 30/9/2021 filed by the Revenue Authorities. “
Petitioner has relied upon some reports submitted by revenue officers, in support of his contention that the encroachment is liable to be removed
from her land.
Learned counsel for the petitioner submits that a chak road has been constructed over petitioner’s land by changing its alignment, which needs
to be shifted, out of petitioner’s land.
The relief as claimed in this writ petition can only be granted by a competent Revenue or Civil Court, as the case may be.
The controversy involved in this writ petition cannot be decided without recording of evidence and adjudication on the question of title would also be
needed, therefore, public law remedy under Article 226 of the Constitution would not be an appropriate forum for grant of such relief.
In such view of the matter, this Court refrains from interfering in the matter.
Accordingly, the writ petition fails and is dismissed. However, dismissal of this writ petition will be without prejudice to petitioner’s right to
approach the competent Court of law.