A Writ Court should not decide disputed questions of title and possession, especially when they are pending before a Civil Court.

Debangsu Basak, J.

1. The petitioners have assailed a resolution dated March 9, 2017 taken by Burdwan Municipality. The petitioners have sought meaningful and peaceful possession of the lands which the petitioners claim that they are owners of, by virtue of registered deeds of exchange.

2. Learned Senior Advocate appearing for the petitioners has submitted that, the petitioners were owners of diverse plots of land. The Municipality wanted to exchange plots of land belonging to the Municipality, which the Municipality was using as dumping grounds, with the plots of land belonging to the petitioners. Several deeds of exchanges were entered into between the petitioners and the Municipality for such purpose. Such deeds of exchanges were duly registered. By virtue of such deeds of exchanges, the petitioners became the sole and absolute owner of the immovable properties described therein. The petitioners were put in possession of such plots of land by the Municipality. The petitioners also put the Municipality into possession of the lands belonging to the petitioners. He has referred to the deed of exchanges in support of such contentions. He has submitted that, possession of the immovable property follows the title. In support of such contention, he has relied upon (Bidhumukhi Dasi v. Jitendra Nath Roy & Ors., 10 CalLJ 527).

3. Learned Senior Advocate appearing for the petitioners has submitted that, the respective parties to the registered deed of exchanges had acted on the basis of such deeds of exchanges. The deeds of exchanges contemplate that, the petitioners will be entitled to apply for and obtain mutation in respect of the exchanged properties. The petitioners had done so. The exchanged properties stand mutated in the name of the petitioners. The petitioners intending to develop the plots of land, had invited response from the public for develop of the same. The Municipality in turn demanded rent from the tenants occupying the plots of land which the Municipality became the owner of by virtue of the deed of exchanges. The Municipality concerned is dumping garbage on the land the Municipality received under the exchange. He has referred to several other acts and steps taken by the parties in terms of the deed of exchanges. Referring to a writing dated November 4, 2016 issued by the State Government, he has submitted that, the State Government accepted the deeds of exchanges. The State Government by such writing granted approval under Section 80(b) of the West Bengal Municipal Act, 1993 for selling the land belonging to the Municipality.

4. Referring to the impugned resolution dated March 9, 2017, learned Senior Advocate appearing for the petitioners has submitted that, the Municipality is seeking to affect right to property of the petitioners through such resolutions. He has referred to Article 300(A) of the Constitution of India and has submitted that, right to property of the petitioners cannot be affected other than by a process known to law. The impugned resolution affects the rights of the petitioners directly in respect of immovable properties. The Municipality has no power of adjudication. The Municipality cannot say that, the deeds of exchanges are null and void. The Municipality cannot act on the basis that, the registered deed of exchanges are null and void. He has referred to (Satwant Singh Sawhney v. D. Ramarathnam, Assistant Passport Officer, New Delhi & Ors., (1967) AIR SC 1836) and (Asian Leather Limited & Anr. v Kolkata Municipal Corporation & Ors., (2007) 3 CalHN 476) in support of his contentions.

5. Referring to the interim order passed in the matter, learned Senior Advocate for the petitioners has submitted that, the possession in respect of the immovable properties which the petitioners have become owners of, by virtue of the registered deed of exchanges, should be protected. The Municipality should be directed not to give effect to the impugned resolution.

6. Learned Senior Advocate appearing for th