WPMS/2004/2015
2023 Latest Caselaw 1785 UK

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                                  WPMS No. 2004 of 2015
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. A.S. Rawat, Senior Advocate, assisted by Mr. Dharmendra Barthwal, Advocate for the petitioners.

2. Mr. Pradeep Hairiya, Standing Counsel for the State of Uttarakhand.

3. By means of this writ petition, petitioners have sought the following relief:-

"A. To issue a writ order or direction in the nature of mandamus commanding the respondents not to interfere in petitioner's enjoyment and cultivation of petitioner's demarcated land (i.e. land situated in Khasra No. 1084, 1085 M, 1085 Ka, 1085, 1086, Total Area 1.1750 Hec. Situated in Village Shishambara Pargana Pachwadoon, Tehsil Vikas Nagar in presence of Forest Officials in compliance of this Hon'ble Court's judgment/order dated 16-7-15 (Annexure no. 13 to the present petition, passed in petitioner's earlier Writ Petition (M/S) no. 1267 of 2015)."

4. From the relief clause, it is apparent that petitioners are seeking injunction against the forest authorities.

5. Since there is a disputed question of fact as to whether the land in question vests with forest department or not and whether petitioners are in possession of land in question or forest department, therefore such question cannot be adjudicated in a writ petition.

6. Even otherwise also, it is settled position in law that public law remedy under Article 226 of the Constitution cannot be invoked for adjudication of disputed question of facts.

7. Having regard to the factual dispute between the parties, this Court declines to entertain this writ petition.

8. Accordingly, the writ petition is dismissed with liberty to petitioners to approach an appropriate forum available to them under law.

(Manoj Kumar Tiwari, J.) 05.07.2023 Navin