WPMS/2902/2021
2022 Latest Caselaw 23 UK

     IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
         ON THE 4TH DAY OF JANUARY, 2022
                            BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


      WRIT PETITION (M/S) NO. 2902 of 2021

BETWEEN:

Ali Sher.                                   ..........Petitioner
        (By Mr. B.B. Sharma, Advocate)


AND:
The State of Uttarakhand & others.        ......Respondents
        (By Mr. G.S. Negi, Additional C.S.C. for the State of
        Uttarakhand)


                          JUDGMENT

According to the petitioner, respondent no. 4 has raised a temporary structure on petitioner's agricultural land.

2. By means of this writ petition, petitioner has sought a direction to Competent Authority to dispossess respondent no. 4 from his agricultural land.

3. Since the issue involved in the writ petition would require recording of evidence, both oral and documentary, which is not permissible under Article 226 of Constitution of India.

4. Even otherwise also, disputed questions of fact and title cannot be resolved in public law remedy

under Article 226 of Constitution of India. The remedy of the petitioner would lie elsewhere.

5. In such view of the matter, this Court declines to interfere in the matter. However, petitioner would be at liberty to approach the appropriate forum available to him under law.

6. The writ petition is, accordingly, disposed of.

(MANOJ KUMAR TIWARI, J.) Arpan