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2024 Supreme(Online)(GAU) 219
HIGH COURT OF GAUHATI
MR. JUSTICE KAUSHIK GOSWAMI, J
TARIKUL ALI CHOUDHURY AND ANR. – Appellant
Versus
THE STATE OF ASSAM AND ANR. – Respondent
WP(C) / 3401 / 2022
MR. A SARMA, GA, ASSAM
A writ petition under Article 226 cannot be maintained when disputed questions of fact are pending adjudication in a civil court.
Headnote:(A) Constitution of India - Article 226 - Writ petition for direction to allow earlier office bearers of Guwahati Kabarsthan Committee to manage affairs - Petitioners sought intervention due to pending civil litigation regarding new committee formation - Court held that writ petition is not maintainable due to disputed questions of fact pending adjudication in civil court. (Paras 1-5)
(B) Writ Jurisdiction - The court emphasized that it cannot intervene in matters where factual disputes are under consideration by a competent judicial authority. (Paras 4-5)
Facts of the case:
The petitioners, former office bearers of the Guwahati Kabarsthan Committee, filed a writ petition seeking to manage the committee's affairs pending the formation of a new committee, while a title suit regarding this matter was pending in civil court.
Findings of Court:
The court found that due to the ongoing civil litigation, the writ petition could not be granted.
Issues: The main issue addressed was the maintainability of the writ petition in light of the pending civil litigation and disputed questions of fact.
Ratio Decidendi: The court ruled that the existence of a pending civil dispute precludes the maintainability of the writ petition, as it involves disputed questions of fact that must be resolved by the civil court.
Result: Writ petition dismissed.
By filing the instant writ petition under Article 226 of the Constitution of India , the petitioners who are members of the earlier office bearers of the Guwahati Kabarsthan Committee has filed the instant petition under Article 226 of the Constitution of India seeking direction inter-alia to allow the said earlier committee of Guwahati Kabarsthan, Athgaon to work as the office bearers of Guwahati Kabarsthan and to manage the affairs of the Guwahati Kabarsthan.
The facts of the case is that members of the earlier committee of the Guwahati Kabarsthan Committee, by letter dated 22.03.2022 filed an application before the Deputy Commissioner, Kamrup (M), seeking intervention of the office of the District Commissioner to allow the old Executive Body of the Guwahati Kabarsthan to run and function till a new committee is formed.
It is submitted at the bar that a title suit as regards the formation of the new committee is pending adjudication in TS No. 379/2021 before the Court of Civil Judge No. 1, Kamrup (M). Mr. M. Cheita, learned Government Counsel, submits a copy of the instruction received vide letter dated 08.04.2024, to the effect that the State respondents due to the pendency of the civil litigation before the Civil Judge No. 1, Kamrup (M), no action could be initiated on the application filed by the General Secretary, Guwahati Kabarsthan Committee dated 22.03.2022. I have perused the aforesaid instruction placed before this Court.
It further appears that the Circle Officer, Guwahati Revenue Circle was directed to cause an enquiry into the matter and submit report which is also enclosed in the said instruction placed before this Court. A copy of the said instruction is kept on record and marked as ‘X’.
Be that as it may, it appears that as regards the issue of formation of new committee, a dispute is pending for adjudication before the Civil Court. Unless and until the aforesaid dispute is adjudicated by the competent Court, the prayer sought in this writ petition in the opinion of this Court cannot be granted, in as much as the disputed question of facts have been raised in this petition, which otherwise is pending for adjudication in the Civil Court.
Hence, the writ petition is not maintainable.
Accordingly, the writ petition stands dismissed.
