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2022 Supreme(Raj) 1932
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Sandeep Mehta, Vinod Kumar Bharwani, JJ.
Balaji Nagar Vikas Samiti – Appellant
Versus
Jodhpur Development Authority & Ors. – Respondents
D.B. Civil Writ Petition No. 18841 of 2019
Decided On : 09-02-2022
Important Points
Subject
Civil Law - Property Law
Headnote
PIL - Land Encroachment - The court held that it cannot decide the disputed question of title of the land in a PIL and directed the parties to seek remedy through civil court proceedings.
Fact of the Case:
The petitioner filed a PIL seeking removal of encroachments from a land claimed to be a park/public utility. The private respondents demonstrated that the land in question comprises of Plot No.59A and they have a valid title, with a civil suit and interim injunction in their favor.
Finding of the Court:
The court found that it cannot decide the disputed question of title in a PIL and directed the parties to seek remedy through civil court proceedings. The PIL was disposed of accordingly.
Issues: Disputed title of the land, jurisdiction of the court in a PIL
Ratio Decidendi: The court cannot decide the disputed question of title in a PIL and directed the parties to seek remedy through civil court proceedings.
Final Decision: The PIL was disposed of with the direction for the parties to seek remedy through civil court proceedings.
Mr. Moti Singh, for the Appellant
Mr. Sunil Beniwal, AAG, Mr. Aniket Tater for Mr. Manoj Bhandari, Sr. Advocate, Mr. Bharat Boob, for the Respondent.
ORDER
1. By way of this writ petition in the nature of Public Interest Litigation (PIL), the petitioner society has approached this Court seeking 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.
2. The private respondents who were impleaded by effect of order dated 7.4.2021 have demonstrated that the land on which they are alleged to be the encroachers as a matter of fact comprises of Plot No.59A and that they have a valid title thereof. This Court is apprised that a civil suit has been filed by the private respondents, wherein, the trial court has granted interim injunction in their favour.
3. 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.
4. Needless to say 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.
5. The instant PIL is disposed of in these terms.
