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Judgment
Heard.
By this writ petition the petitioner has challenged the notice dated 23.1.2020 which has been issued by the Gram Panchayat Madavada alleging that the petitioner has done the encroachment in respect of the entry in Record No.649 as the temple land.
Learned counsel appearing for the petitioner submits that in respect of the same land earlier the predecessor in title of the petitioner had filed the suit, against which First Appeal No.116/74 was dismissed by the judgment dated 24.10.1983. Hence the petitioner is required to be protected in pursuance to any action to be taken vide Annexure P/1.
Learned counsel for the respondents has pointed out that the civil suit as also the application for temporary injunction at the instance of the petitioner in this regard is already pending.
Having heard the learned counsel for the parties and on perusal of the record, it is noticed that the issue which the petitioner is raising involves adjudication of disputed questions of facts and recording of factual finding, which is not permissible in exercise of the writ jurisdiction. Even otherwise, the petitioner has already approached the civil court by filing the suit for declaration and permanent injunction vide Annexure P/3 and has also filed an application for temporary injunction in that suit. Petitioner can not be permitted to adopt parallel remedies. No conclusion on the basis of the order dated 24.10.1983 passed in FA No.116/1974 can be drawn that the disputed property was subject matter of the said suit.
Having regard to the aforesaid, I am of the opinion that at this stage no case for interference in the present writ petition is made out. The petition is accordingly dismissed, however with liberty to the petitioner to prosecute his civil remedies.
C.C. as per rules.