The court emphasizes that disputes on property rights are not suitable for writ jurisdiction under Article 226, directing the petitioner to seek civil remedies instead.

JUDGMENT

This Writ Petition (C) is filed seeking the following reliefs:

"A. Issue a Writ of Mandamus or any other appropriate writ, order or direction commanding the 1^st respondent Municipality to remove all illegal obstructions placed or attempted to be placed on the Municipal Market Road abutting the petitioner’s property;

B. Declare that the petitioner is entitled to free, unobstructed ingress and egress to his residential-cum-commercial building through the Municipal Market Road;

C. Issue a writ directing the 1^st respondent Municipality to strictly comply with the order issued by the 3^rd respondent Joint Director, Department of Local Self Government (Exhibit.P6) within a time frame this Hon’ble Court;

D. Issue a writ restraining the 1^st respondent Municipality from interfering with the peaceful enjoyment and lawful use of the petitioner’s property and access road in any manner whatsoever."

[SIC]

2. The main prayer in this writ petition is to issue a direction to the 1^st respondent - Municipality, to remove all illegal obstructions placed or attempted to be placed on the Municipal Market Road abutting the petitioner’s property. The counsel appearing for the Municipality submitted that the petitioner has no such right, and according to the Standing Counsel, the property belongs to the Municipality. This is a disputed fact which cannot be decided in a writ petition under Article 226 of the Constitution of India. Therefore, I am not inclined to entertain this writ petition. All the contentions raised by the petitioner in this writ petition are left open, and the petitioner is free to approach the competent civil court to redress the grievance in accordance with law. The counsel for the petitioner submitted that the status quo may be maintained to facilitate the petitioner for approaching the jurisdictional civil court. I think, that prayer can be allowed. But, I make it clear that, I have not considered the matter on merit and the status quo order is passed only to facilitate the petitioner in approaching the civil court and the civil court is free to pass appropriate orders in accordance with law.

Therefore, the status quo regarding the property shall be maintained by the petitioner and the respondent Municipality for a period of 30 days.

With the above observation, this writ petition is disposed of.

Sd/-