TASLIM MOHAMMED YUSUF KARBHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed for the purpose of seeking the following reliefs:-

(2.) The case of the petitioner which has been pointed out in para- 2, reads like this:-

(3.) From the aforesaid, it seems that the petitioner is trying to make out a case for seeking the easementary right as well as use of 9 meter T.P. road in the legal manner and also aggrieved by closure of the road by blocking the residential side. Considering the averments made, as stated in the petition, the Court is visualizing serious disputed question of fact and as if this Court is fact finding authority, the petition is presented. A smart pleading or relief may not ultimately pursue the Court to exercise the extraordinary equitable jurisdiction. In addition to it, it appears further to the Court that the relevant parties have not been joined in the present proceedings and therefore, to entertain the petition would require the Court to examine seriously the disputed facts which are visible from the averments. As a result of this, the Court is not inclined to exercise the discretion. The grievance which is made that some of the persons of Saparpan Housing Complex with malafide intention have stopped the road by putting iron grid and have compelled the petitioner and other similarly situated persons to pass through another located road are the issues which cannot be gone into or examined or adjudicated in the present proceedings. Whether the petitioner has got easementary right or not, is a question not to be examined or adjudicated by this forum. Hence, this petition which has been brought is not possible to be entertained by this Court.