(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) By this writ-application, the writ petitioner has prayed for direction upon respondent Nos. 1 and 2 to remove illegal encroachment done by fishermen in the City Survey No. 54 of Jamnagar, so that the petitioner and their community people can use the said land.
After going through the materials on record, it appears that the petitioner claims to be the lawful owner of the property and the long and short of its grievance is that the Corporation is illegally utilizing the selfsame property treating it as its own property.
In our view, the dispute is a private dispute between petitioner and the respondents and that cannot be resolved in this public interest litigation.
The appropriate remedy of the petitioner lies elsewhere for establishing its title in the property. On that ground alone we dismiss this application. We make it clear that we have otherwise not gone into the merits of the dispute. With the above observations, the application is dismissed.
(Bhaskar Bhattacharya, Actg. C.J.) (J.B.
Pardiwala, J.) */Mohandas Top