Dismisses plea over land dispute
Srinagar: “When a writ petition involves dispute of title/ownership, the same has to be adjudicated upon in accordance with provisions of Section 9 of the Code of Civil Procedure,” the High Court held while dismissing a plea of a person seeking ownership of land which is under Army.
The court of Chief Justice Pankaj Mithal and Justice Vinod Chatterji Koul while hearing a plea of Zahoor Ahmad Wani seeking possession of the land measuring 46 Kanals and 18 Marlas which is allegedly under Army recorded that the title/ownership of the land cannot be decided in a writ proceeding, more particularly when respondents have disputed ownership of petitioner qua land in question.
The court while giving reference to the supreme court directives noted that where the basic facts are disputed and complicated questions of law and fact depending on evidence are involved, the writ court is not the proper forum to seek the relief and the right course for the High Court to follow is to dismiss the writ petition on preliminary ground without entering upon the merits of the case.
The court also noted the observation of the Apex Court outlining that in absence of firm and adequate factual foundation, it is hazardous to embark upon the determination of the disputed factual points.
When writ petition involves dispute of title/ownership, the same is to be adjudicated upon in accordance with provisions of Section 9 of the Code of Civil Procedure by an appropriate civil court on the basis of the evidence of the parties and as a consequence of which writ petition is liable to be dismissed,” the bench held while recording a previous judgment passed by it on August 18, 2021.
The court said that this writ petition is without any merit and is accordingly dismissed.
The case of the petitioner is that in 1952, a big chunk of land measuring 46 kanals 18 marlas was requisitioned by the Indian army for establishing Airfield at Srinagar.