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Judgment
This appeal is preferred to question correctness of order dated 21.12.2016 passed by learned Single Bench in S.B. Civil Writ Petition No.9847/2016.
The case of the appellant is that the respondent authorities are attempting to take out road to his fields by giving unnecessary curves just with a view to protect land of certain other persons.
The learned Single Bench refused to interfere in the matter being based on purely disputed questions of facts and also taking into notice the fact that the road is being constructed on Khasra No.457, which is recorded as "Gair Mumkin Rasta" in revenue records.
As per the appellant, unnecessary curves have been given to the proposed road and that is adversely effecting his rights. The Court also noticed this fact and arrived at the conclusion that the issue sought to be agitated is based on disputed questions of
facts. Once the Court arrived at the conclusion that the petition involves disputed questions of facts and refused to interfere in the matter, then no occasion was there to dismiss the writ petition by saying that the same is devoid of merits.
Looking to this factual background, we deem it appropriate to dispose of this appeal by holding that the writ petition involves disputed questions of facts which cannot be examined in writ jurisdiction, therefore, the writ petition stands dismissed with liberty to the appellant to avail appropriate remedy before appropriate forum.