MIDAI LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner, inter alia, praying that the respondents-authorities be directed not to interfere in the peaceful possession of the petitioner over the disputed land plot No. 771, area 0.3440 hectare, situated in village Bhadenj Pargana and Tehsil Bisalpur District Pilibhit. From the averments made in the writ petition, we find that the controversy raised by the petitioner in the present writ petition is basically factual in nature, and resolution of such controversy will involve leading of oral as well as documentary evidence. Such exercise cannot appropriately be done in writ petition under Article 226 of the Constitution of India.

(2.) It is open to the petitioner to pursue such remedy, as may be open to him under law. before the appropriate forum for seeking appropriate reliefs in regard to the alleged grievances sought to be raised in the present writ petition. In view of the above, the writ petition is dismissed without prejudice to the right of the petitioner to pursue such remedy, as may be open to him under law. before the appropriate forum for seeking appropriate reliefs in regard to his alleged grievances.