LAWS(MEGH)-2016-8-10

ZAFAR ALAM AND OTHERS Vs. SHILLONG CANTONMENT BOARD AND ANOTHER

Decided On August 10, 2016
Zafar Alam And Others Appellant
V/S
Shillong Cantonment Board And Another Respondents

JUDGEMENT

(1.) By way of this writ petition, the petitioners, said to be having right and interest in holding No. 44JB, Ward No. VI, Shillong Cantonment at Jhalupara, Shillong, seek to challenge the order of mutation of the lease holding rights in the property in question in favour of the respondent No. 2 and his family members.

(2.) After having heard the learned counsel for the petitioners and having perused the material placed on record, this Court is clearly of the view that this matter is not to be entertained in the writ jurisdiction for pendency of Title Suit No. 2 (H) of 2012 in the Court of Munsiff, Shillong concerning the claim of the petitioners for the property in question; and for availability of efficacious alternative remedy to the petitioners.

(3.) As the petitioners are proposed to be relegated to the alternative remedy, dilatation on all the factual aspects is not necessary. Only a brief reference to the background aspects would suffice.