Srinagar, October 06: The High Court of Jammu & Kashmir and Ladakh Wednesday dismissed a petition against a big chunk of land which was requisitioned by the Army for setting up an airfield in Srinagar.
The court held that the petitions involving the dispute of title/ownership cannot be decided by writ court and the same is to be adjudicated upon by the civil court.
Hearing a plea of Zahoor Ahmad Wani seeking possession of the land measuring 46 kanals and 18 marlas, the court recorded that the title/ownership vis-à-vis the land cannot be decided in a writ proceeding, more particularly when respondents have disputed ownership/title of petitioner qua land in question.
A division bench of Chief Justice Pankaj Mithal and Justice Vinod Chatterji Koul while citing the Supreme Court judgment noted that 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 bench further noted that the Supreme Court also observed 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 the writ petition is without any merit and is accordingly dismissed.
