Jyoti Parkash v. National Highway Authority of India
2023-12-19
AJAY MOHAN GOEL
body2023
DigiLaw.ai
JUDGMENT : Ajay Mohan Goel, J. By way of this petition, the petitioner has, inter alia, prayed for the following reliefs : “(i) That writ of mandamus may kindly be issued, directing the respondents to pay adequate compensation to the petitioner for causing damage to his valuable land comprised in Khasra No. 1150, situated in Mohal Kotadhar, Patwar Circle Panarsa, Tehsil Aut, District Mandi, H.P. and causing damage to the valuable fruit bearing apple trees and other green trees, by dumping muck and converting his fertile land into desert land without the consent of the petitioner. (ii) That writ of mandamus may kindly be issued, directing the respondents to pickup/clear the muck from the spot which they have wrongly, illegally and unauthorisedly dumped on the valuable land of the petitioner and handover the possession of land in Khasra No. 1150, situated in Mohal Kotadhar, Patwar Circle Panarsa, Tehsil Aut, District Mandi, H.P. to the petitioner as per his share free from all encumbrances. (iii) The cost of the present Civil Writ Petition may kindly be burdened on the respondents.” 2. Having heard learned counsel for the parties, this Court is of the considered view that the present petition filed under Article 226 of the Constitution of India is completely misconceived. 3. The grievance of the petitioner is that a co-sharer, i.e. respondent No.3 has permitted the suit land to be utilized by the other respondents for the purpose of dumping of the muck without his permission and has thus benefited from the rent receipts etc. which he has so received from the other respondents to the disadvantage of the petitioner. 4. Having heard learned counsel for the petitioner, this Court is of the considered view, as has been rightly objected to by learned counsel for the respondents also that the lis is civil in nature and further as it involves seriously disputed question of facts adjudication thereof can only be by a Civil Court where the parties can lead evidence to put forth their respective contentions. 5. Accordingly, this petition is dismissed as not maintainable under Article 226 of the Constitution of India, but with liberty to the petitioner that if so advised, he may invoke the jurisdiction of the appropriate Court. Pending miscellaneous applications, if any, also stand disposed of.