Hon'ble Umesh Kumar,J.
Heard learned counsel for the parties and perused the record.
This writ petition, inter alia, has been filed for the following reliefs;
"(i) to issue a writ, order or direction in the nature of certiorari for quashing the impugned order dated 16.05.2019 passed by the District Magistrate, Varanasi/Respondent no. 2 (Annexure No. 1 to this writ petition).
(ii) to issue a writ, order or direction in the nature of mandamus, directing the respondent No. 2 & 3 to not demolish House No. S5/9K, Pahadpur (Ardali Bazar), Varanasi situated over Arazi No. 419/1/1 area 0.040 hectare at Pahadpur, Varanasi until the regularization of possession is done under G.O. 01.01.1996 or alternative accommodation is provided to each petitioners under social welfare."
A perusal of the record shows that the petitioner earlier filed a Writ Petition (C) No. 2336 of 2016 and this Court, inter alia, passed the following order on 5.2.2019:
"The contention of the petitioner is that the said house was constructed over the abadi land of the petitioner but the allegation against the petitioner is that he has encroached upon public road and the respondents are seeking to demolish the said construction.
No useful purpose would be served by keeping this writ petition pending.
We dispose of this writ petition with a direction that if the petitioner submits a representation before the District Magistrate, Varanasi within 15 days from today in respect of his grievances along with certified copy of this order, the respondent no.2-District Magistrate, Varanasi, shall consider and decide his representation in accordance with law within a further period of two months. It will be appropriate if he also calls for a survey report; survey to be conducted in the presence of the petitioner.
Till such decision is taken by the District Magistrate, Varanasi, interim order granted by this Court shall remain in operation and shall be subject to any final order which may be passed by the District Magistrate, Varanasi, on the representation of the petitioner.
It is made clear that the Court has not adjudicated the claim of the petitioner on merit."
In pursuance of the order passed by this Court, the representation of the petitioner has been decided by the District Magistrate by a detailed order. The District Magistrate, after considering the material evidence on record, has held the petitioner to be an unauthorized occupant as he failed to prove his title, right and interest over the land in dispute.
Learned counsel for the petitioner stated that the land in dispute belongs to him and the order passed by the District Magistrate is illegal and arbitrary.
Be that as it may. Since disputed questions of facts with regard to title, right and interest of the petitioner over the land in dispute are involved in the matter, it cannot be adjudicated upon by this Court while exercising its powers under Article 226 of the Constitution of India.
In view of the above, we do not see any justification to interfere in the matter.
The writ petition is, accordingly, dismissed. However, it is open for the petitioners to seek appropriate remedy, if so advised, in common law courts in accordance with law.
Order Date :- 26.8.2019 vinay