Citation : 2022 Latest Caselaw 1611 Tel
Judgement Date : 29 March, 2022
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
I.A.No.1 of 2018 In/And W.A.No.275 of 2018,
I.A.No.2 of 2018 In/And W.A.No.276 of 2018 &
I.A.No.4 of 2018 In/And W.A.No.278 of 2018
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
Regard being had to the controversy involved in the
aforesaid cases, they were heard together and are being decided
by a common order.
The facts of W.A.No.275 of 2018 are reproduced as
under:-
The present writ appeal is arising out of the order dated
28.04.2014
passed by the learned Single Judge in
W.P.No.20287 of 2013.
The facts of the case reveal that the writ petitioners came
up before this Court being aggrieved by the orders passed under
the Urban Land (Ceiling and Regulation) Act, stating that the
proceedings were initiated against a dead person and in those
circumstances, the writ petition has been allowed. Now a writ
appeal has been preferred by certain persons claiming interest
in the same land.
In the considered opinion of this Court, title dispute
cannot be decided in writ appeal and therefore, liberty is
granted to take recourse to the other civil remedies available
under the law.
With the aforesaid, the present writ appeals and the leave
petitions stand disposed of.
Pending miscellaneous applications, if any, shall stand
closed. There shall be no order as to costs.
________________________ SATISH CHANDRA SHARMA, CJ
_______________________ ABHINAND KUMAR SHAVILI, J
29.03.2022 JSU
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