AI Structured Summary
Not yet generated for this judgment
Judgment
Ajay Mohan Goel, J
By way of this petition, which is a legal aid matter, the petitioner is praying for issuance of direction to the respondents to pay him compensation, for the apple plants which purportedly got burnt due to electric sparking, on account of negligence of the respondents. The incident is stated to have taken place on 21.12.2016 and this writ petition has been filed on 26.10.2019.
Be that as it may, having heard learned Legal Aid Counsel for the petitioner and having perused the response filed by respondents No.1 and 3, this Court is of the view that there are seriously disputed question of facts involved in the petition and the same cannot be decided by this Court in exercise of its jurisdictional power under Article 226 of the Constitution of India, because the petitioner will have to establish his case by leading evidence in this regard.
Accordingly, this petition is closed, with liberty to the petitioner to avail such legal remedy as may be available to him. It is clarified that in case the petitioner avails any such legal remedy, then while calculating the limitation, the time which has been spent by the petitioner, while pursuing this matter in this Court, shall be excluded. Petition is disposed of in above terms. Pending miscellaneous applications, if any, stand dismissed.