Court No. - 3
Case :- WRIT - C No. - 24282 of 2020 Petitioner :- Om Prakash Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Chetan Chatterjee Counsel for Respondent :- C.S.C.,Vivek Kumar Rai
Hon'ble Manoj Misra,J. Hon'ble Ravi Nath Tilhari,J.
The prayer in this petition is to command the respondent No.2 (General Manager/Engineer, NCR, Prayagraj) to correct the map maintained by the railways so that it is in conformity with the map maintained by the revenue authorities.
From the material brought on record it appears that the railways by relying upon their own map have demolished the boundary wall of the petitioner. The record also indicates that earlier a proceeding under Section 41 of the Land Revenue Act was undertaken and boundaries were fixed.
The learned counsel for the petitioner submits that the map of the railway authorities does not appear to be in sync with those maintained by the revenue authorities, therefore, they are unnecessarily interfering in the property rights of the petitioner.
Maps and title documents are pieces of evidence to enable enforcement of property rights. Where property rights are violated it gives rise to a dispute which would have to be decided on the basis of various evidences led by the parties. But as this exercise would involve adjudication of complicated questions of title and possession by taking evidence on record, the writ court would not be the appropriate forum, particularly, as a court of first instance.
Under the circumstances, if property rights of the petitioner are being interfered with by the railway authorities and the railway authorities are trying to stake a claim on the property of the petitioner, the appropriate course for the petitioner is to institute a suit for declaration or injunction or both, in the appropriate civil or revenue court as may be advised.
Subject to above, the petition is disposed off.
It is made clear that we have not expressed any opinion on the merits of the case.
Order Date :- 7.1.2021 Manish Tripathi