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Judgment
Gautam Kumar Choudhary, J
Instant Review petition has been filed against the order dated 29.11.2022 passed in W.P.(C) No.5612 of 2019 whereby and whereunder the writ petition was disposed of giving the present petitioner liberty to move before the competent Court of civil jurisdiction for declaration of right, title and interest over the property in question.
The subject matter of the dispute is a shop claimed to be purchased by this petitioner from one Kedar Saw on 25.03.1993. Petitioner and respondent no.7 are full brothers and they were jointly running the shop on payment of rent and continued to run the shop together. The said shop was demolished in the anti-encroachment drive in the year 2011 in which 80 such shops were demolished from Bagodar-Saria road and thereafter, displaced shop owners were allotted separate shops, which is the subject matter of present dispute.
It is claimed by the petitioner that allotment was exclusively in his favour in pursuant to the letter dated 03.05.2013, whereas respondent no.7 claims that the said shop was jointly allotted.
Respondent no.7 namely Chandeshwar Rana moved this Court in W.P.(C) No.5612 of 2019 for allocation and construction of shop for the displaced person in the encroachment drive in which the final order under review has been filed.
Petitioner is aggrieved by allotment of the shop jointly in favour of both the brothers. While the case of the respondent no.7 in the original writ petition was that the shop in question was purchased by father in his name, the case of the present review petitioner is that the said shop was sold to one Pappu Sao, from whom the petitioner had exclusively purchased the shop which was demolished.
This being the case, it raises disputed question of fact and for this reason, the learned co-ordinate Bench of this Court in the order under review held that the parties are at liberty to get these questions of title and possession, right, title and interest are decided by competent Court of civil jurisdiction. I do not find any material to interfere with the impugned order.
Review Petition stands dismissed. Interlocutory Application, if any, is disposed of.