Full Judgment
1 Writ Petition No.9065/2010.
28.6.2013 .
None for the Petitioner.
Smt.
Sharda Dubey, learned P.L.for the respondents No.1 and 2.
Shri T.K.Modh, learned counsel for respondent No.3.
In compliance of the order dated 21.6.2013, this case was listed yesterday but at the request of some counsel the same was kept as passover.
Pursuant to it, it is placed today in the list of not reached case and on taking up the matter no one is present on behalf of the petitioner.
On perusing the averments of petition, it is apparent that the petitioner has filed this petition under Article 227 of the Constitution of India for issuing appropriate writ against the respondents directing them to pay him Rs.5,00,000/- for damages in lieu of demolition of his house by the authorities of such respondents without following the procedure prescribed under the law.
In order to decide the question involved in this petition the Court has to consider various facts and same could be considered only after adducing the evidence by the parties and such consideration is not possible under Article 227 of the Constitution of India.
It is a normal practice whenever evidence is required in the matter to resolve the dispute then instead to entertain the writ petition the petitioner should be directed to approach the appropriate forum prescribed under the law either the civil Court or some other other forum, who have jurisdiction to record the evidence and decide the matter on appreciation of the same.
So, in such premises, this petition under superintendence jurisdiction of this Court under 2 Article 227 of Constitution of India is not entertainable.
Consequently, same deserves to be dismissed.
However, instead to dismiss the petition on the aforesaid ground at this stage, in the absence of the petitioner's counsel the same is dismissed for want of prosecution.
(U.
C.Maheshwari) Judge k