- (1.) THIS appeal is directed against the judgment and order dated 10th March, 2004 passed by the learned single Judge in the writ petition filed by the appellant, being W.P. (C) No. 4163 of 2003, dismissing the same on the ground that the question involved in the writ application could only be decided by the Civil Court of competent Jurisdiction.
(2.) AS will appear from the order under appeal, two Municipal Survey Plot Nos. 1735 and 1736 were alleged to have been acquired by the appellant writ petitioner by virtue of a deed of sale dated 17th May, 2002. Admittedly, the vendors of the said land claimed title thereto on the strength of a hukumnama, which is said to have been executed in favour of their predecessor -in -interest. Admittedly, a dispute arose with regard to Plot No. 1736 which went up to the Hon'ble Supreme Court and the right, title and interest of the vendors of the writ petitioner -appellant was declared in respect of the said plot. However, there was no adjudication as far as the other plot, being Plot No. 1735 was concerned, although the writ petitioner -appellant was purportedly in possession thereof and has even annexed documents to show that rent has been paid for the same to the Revenue authorities. As has been alleged in the writ petition, respondent No. 1 Ranchi Municipal Corporation is alleged to have demolished by force the boundary wall which had been constructed by the writ petitioner -appellant on Plot No. 1735. Aggrieved thereby, the petitioner filed the writ application questioning the authority of the Ranchi Municipal Corporation in doing so.
(3.) WHEN the writ petition came up for disposal before the learned single Judge, the question of right, title, interest and possession in respect of both the plots came up for consideration and the learned single Judge after considering the rival submissions observed that the dispute raised by the petitioner with regard to the title and possession over Plot No. 1735 is purely of civil nature, based on disputed questions of fact which could not be decided by the Writ Court under Article 226 of the Constitution of India. The learned Judge also observed that it is only the Civil Court of competent jurisdiction which could decide the issue raised by the writ petitioner in the writ application. As mentioned hereinabove, on the basis of the said finding, the learned single Judge dismissed the said writ application.;