Jammu and Kashmir High Court: A Single Judge Bench of Sanjeev Kumar, J., dismissed this writ petition, claiming relief by private parties, in respect to the possession and title of the immovable property.
The facts of the case were that the petitioner had a dispute over possession with the respondents, her stepsons, with regard to some property. She approached the Tehsildar Khansahib for redressal and the matter reached to the Dy. Commissioner. The Dy. Commissioner ordered in her favor but the respondents did not oblige to this order. The petitioner thus approached this court to seek relief.
The Court reiterated the settled law and relied on the Supreme Court decision in Roshina T v. Abdul Azeez K.T.,2018 SCC OnLine SC 2654, where the Court cautioned against the entertainment of the writ petitions involving adjudication of disputed questions of facts relating to possession and title of immovable property between the private parties.
Thus, the writ petition was dismissed. [Khati v. State of J&K,2018 SCC OnLine J&K 979, decided on 14-12-2018]
This is an excellent decision. It can go a long way in cutting down the institution and backlog of writs, particularly in the the area of contracts awarded by various PSUs where all disputes tend to take the route of writs as recently observed by Supreme Court in the case of CARETEL INFOTECH LTD. V. HINDUSTAN PETROLEUM CORPORATION LIMITED. What is required further is that it should be provided teeth and each High Court CJ can sentise the Bar Associations to bring to notice of the concerned Chief Justice, if unnecessary writs are being admitted. Mere declaration is not enough.