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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.