!! 1 !!
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
O R D E R
S.B. CIVIL WRIT PETITION NO.713/2009
(Sohan Singh Vs. State of Rajasthan & Ors.)
Date of order :: 29.01.2009
P R E S E N T
HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS
Dr.P.S. Bhati, for the petitioner.
Heard learned counsel for the petitioner.
This writ petition has been filed by the
petitioner against the order passed by the
District Collector, Nagaur for removing
encroachment.
The petitioner’s claim is that he is
having patta for the land in question, even then,
the District Collector is treating the petitioner
as encroacher of the land in question.
In my opinion, if any patta is in favour
of petitioner, then he is required to approach the
civil court for the purpose of relief as sought in
this writ petition. Disputed questions of fact can
not be decided in writ jurisdiction.
!! 2 !!
Hence, this writ petition is dismissed.
However, petitioner is at liberty to take recourse
of civil remedy available to him under the law.
(GOPAL KRISHAN VYAS), J.
A.K. Chouhan/-