The Rajasthan High Court ruled that the disputed question of fact regarding title of the plot in question cannot be gone into by the High Court while exercising its extraordinary writ jurisdiction.
By way of the writ petition in the nature of Public Interest Litigation (PIL), the petitioner society has approached the Court seeking direction for removal of encroachments from a land allegedly to be that of the park/public utility in Pal Balaji Nagar, Jodhpur.
The division bench of Justice Vinod Kumar Bharwani and Justice Sandeep Mehta noted that the private respondents who were impleaded by effect of order have demonstrated that the land on which they are alleged to be the encroachers as a matter of fact comprises of Plot No.59A and that they have a valid title thereof.
The Court said that it is apprised that a civil suit has been filed by the private respondents, wherein, the trial court has granted interim injunction in their favour.
The court held that the disputed question of fact regarding title of the plot in question cannot be gone into by it while exercising its extraordinary writ jurisdiction. The issues definitely require a decision of the civil court.
The court stated that the civil court is required to expedite the proceedings in the pending TI application. After the outcome of the temporary injunction application, the parties shall be at liberty to take recourse of the suitable remedy for redressal of their grievances.
Case title: Balaji Nagar Vikas Samiti v/s Jodhpur Development Authority and Ors.
Citation: D.B. Civil Writ Petition No. 18841/2019