Disputed questions of fact in a writ petition are not maintainable, and a writ petition seeking a declaration of title over immovable property is not maintainable.

JUDGMENT

Chandrashekhar, J. - The appellants are aggrieved of the order dated 09.12.2016 passed in W.P.(C) No. 6978 of 2011 by which their prayer seeking a direction in the nature of injunction to the respondents and, in the alternative, for payment of compensation has been declined.

2. The appellant-writ petitioners claiming themselves descendants of one Burwa Seikh have staked independent claim of title over the lands comprised under plot no. 520 under khata no. 138, plot no. 527 under khata no. 129 and plot no. 522 under khata no. 26 at mouza-Ramgarh. They have objected to the alleged unauthorized construction of Pet Clinic within the campus of Veterinary Hospital, without a valid acquisition and payment of compensation to them.

3. Before the writ Court, the writ petitioners relied on the judgment dated 18.12.1931 in Title Suit No. 207 of 1929 by which the acquisitions under section 50 of the CNT Act, 1908 vide Case No. 01 of 1926-27 in respect of the lands comprised under plot nos. 522, 527 and 520 were declared null and void, to claim their right, title and interest over the said piece of land. The total extent of land involved in the suit was 71 decimals. They have also relied on the information furnished to them in response to the query made through R.T.I. vide letter dated 10.05.2012 to establish that the respondents were raising illegal construction over their lands. The following informations were furnished to them;

"i. Building of pet Clinic is being constructed within the boundary of Veterinary Hospital, Ramgarh.

ii. Veterinary Hospital, Ramgarh was in existence for the last 50 years over a Government piece of land which has earmarked area and circled by barbed wire.

iii. In the campus of Veterinary Hospital, residence of employees of Animal Husbandry Department and other old structures are in existence since long and in possession of Animal Husbandry Department. iv. Documents relating to Veterinary Hospital however were not available in the said office."

4. However, the respondent-State has brought on record a copy of the notification dated 29.10.1940 under which 61 (56+5) decimals land in plot nos. 520, 526 and 527 were acquired in L.A. Case No. 06 of 1940-41.

5. It was in the above facts, that the writ Court by an order dated 15.07.2016 appointed a Pleader Commissioner which has submitted a report on 12.08.2016.

6. Objection to the report of Pleader Commissioner was filed by the writ petitioners in the proceeding of W.P.(C) No. 6978 of 2011.

7. The learned writ Court on the basis of the materials brought on record has come to a conclusion that the claim raised by the writ petitioners can be adjudicated by a civil court where the parties may adduce evidence, oral as well as documentary. The learned writ Court has prima-facie found that the Veterinary Hospital is existing since 1940 and the ancestors of the writ petitioners never raised any dispute on possession of the lands in question. The learned writ Court has observed as under :

"What transpires from the discussions made herein above is that a Veterinary Hospital bounded by a particular campus existed there before 1940 indisputably. Petitioners or their ancestors at no point of time after 1931 seem to have made any objection to the existence of the boundary of Veterinary Hospital and the structure which came up thereupon from time to time. Through the pleadings and the documents relied upon by them in the instant writ petition they have also not been able to categorically show the exact schedule of the property, if any, claimed made by them by virtue of the decision dated 18th December, 1931.

In such Circumstances, the claim of title, ownership and possession over the area falling within the Veterinary Hospital campus, where the proposed construction of Pet Clinic was undertaken, is not fully established on the part of the petitioners. On the other hand, a prima facie opinion can definitely be drawn on the basis of materials on record as to the existence of th