Writ petition is not proper remedy when facts are disputed

28
06/2021

Writ petition is not proper remedy when facts are disputed

In Anil Palai v. State of Odisha, the petitioner had claimed to be a landless person and being disposed of the land on which he is peaceful possession while the State claimed that he was never in possession.

The Orissa High Court observing that the Petitioner has not brought anything on record to support his claim of being a landless person covered under the O.G.L.S. Act for settlement of the case land in his favour or that he was in possession of the same from the time of his forefathers, relied on the judgment Grid Corporation of Orissa Limited (GRIDCO) v. Sukamani Das, (1999) 7 SCC 298 and held “that the present writ petition raises highly disputed question of facts, which would require the leading of evidence and the examination and cross-examination of witnesses, and which are, therefore, not amenable to being adjudicated under Article 226 of the Constitution.

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