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RAJAN ROY, OM PRAKASH SHUKLA
Sheela Srivastava – Appellant
Versus
Housing Commissioner U. P. Housing and Dev. Board – Respondent
JUDGMENT :
Om Prakash Shukla, J.
1. Heard Sri I.B. Singh, learned Senior Advocate assisted by Sri Avinash Singh Baghel, learned counsel for the petitioner and Sri Ratnesh Chandra, learned counsel for respondent no.1. None appeared on behalf of respondent no.2 and 3.
2. Before, this Court embarks into the narration of the facts of the present case, it is implicit to enunciate that this writ petition raises an interesting aspect, wherein the old adage "a stitch in time saves nine", is squarely applicable to all the four corners of the present case. Essentially a dispute of demarcation between the U.P. Housing & Development Board and Navneet Sahkari Grih Nirman Samiti Limited has metamorphosed into a never ending dispute of right, title, entitlement and possession over a piece of land/plot between two warring private individuals. Alas!, even during pendency of the present issue before this Court for nearly two decades, neither the private individuals nor the public authority and not to speak of the Navneet Sahkari Grih Nirman Samiti Limited have taken any steps which would have resolved the issue of demarcation and made the disputed land/plot readily identifiable with the ownership right
The jurisdiction under Article 226 of the Constitution is not meant for adjudicating disputed questions of title, and a regular suit is the proper remedy for settlement of disputes relating to proper....
The court emphasized the necessity for factual determination before issuing a writ of mandamus for demarcation or measurement, and declined to interfere in the absence of such determination.
Point of Law : In exercising power under Article 226 of the Constitution of India, the High Court is not just a Court of law but is also a Court of Equity and a person who invokes the High Court’s ju....
The main legal point established in the judgment is that boundaries shown in the sale deeds prevail over the measurement, and demarcation reports carry presumptive value of correctness unless rebutte....
The main legal point established in the judgment is that disputes involving property rights and substantial reliefs must be adjudicated in a civil court based on evidence, and the special remedy unde....
The court affirmed that the approved layout plan of 2008 designates specific plots as residential, rejecting claims of their designation as park facilities.
Writ jurisdiction is inappropriate for adjudicating disputes regarding property titles; such matters should be resolved through civil courts.
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