1 S.B. CIVIL WRIT PETITION NO.7417/2010 Chandra Shekhar Vs. Union of India and Ors. DATE OF ORDER : 9.8.2010 HON'BLE MR. GOVIND MATHUR, J. Mr. Mrigraj Singh, for the petitioner. By this petition for writ, a direction is sought by the petitioner to restrain the respondents No.1, 2 and 3 from constructing a wall on the land i.e. said to be owned by the petitioner. It is contended that in view of the judgment dated 22.3.1978 passed by the learned Munsif and Judicial Magistrate, Desuri in Original Civil Suit No.49/1971, the title of the land in dispute vests with the petitioner and he is entitled to keep the land aforesaid under his possession peacefully, though he has been restrained from raising any construction upto 100 fts. from middle of the railway line. It is also pointed out that the Municipal Board, Rani Khurd by a letter dated 20.7.2010 instructed the Section Engineer (Works), North Western Railway, Falna for not raising any boundary wall but of no consequence. 2 On examination of the averments made in the writ petition and the documents annexed thereto it appears that the Executive Officer, Municipal Board, Rani Khurd by letter dated 20.7.2010 instructed the Section Engineer (Works), North Western Railway, Falna to appear before him and to satisfy Railway's claim / title on the land in dispute. In such circumstances, when the matter is under examination of the Municipal Board at the instance of the petitioner himself, it shall not be proper to interfere with the matter by invoking extra- ordinary jurisdiction vested with this Court. Beside the above, the petition involves certain question of facts those can be settled only by examining the evidence which is required to be adduced by the rival parties. As such, the appropriate remedy available to the petitioner is to approach civil court by way of filing civil suit. For the reasons given above, the petition for writ is dismissed. (GOVIND MATHUR)J. RM/