COURT OF JUDICATURE GHHATTSSGARH : BSLASPUR Sl F Wl 1 s.R, NAYAK, C..J. 174 OF 2008 PETITIONER Versus 2 3 Kalyan Singh son of Dashrath Singh, aged about 38 years. Cultivator and resident of viliage Na'wagaon [Saika], Ta'nsi! Kota, Disfrict Bilaspur [C.G.1. itate ofChhattisgarh, through Coiiector, Biiaspur (C.G.). Chief Executive Officer, Janpad Panehayat, Kota, District Biiaspur. Gram Panchayat Nawagaon [Salka] through its Sarpanch, Tai-isii Kota, District Bilaspur (C.G.). Shri Saifuddin Rajas, learned counsel for the petitjoner. Shri Sanjay S. Agara/ai, learned G.A. for the SSate. (Passed on 26th ApriS, 200S) The petitioner c'aiming that he is the owner and possessor of water tanks sltuate 'n the land bearing Khasra numbers 145, 169, 390, 682, 1383 and 1384 of Mawagaon village, Kota Tahsil, Bilaspur District and the respondents without any legal right and interest in the said properties, have been interfering with his possession of those properties and attempting to forcibly take over the said tanks from his possession, has filed this v/rit pet'tion seeking intemention of the Court. The dispute brought before the Court relates to title of the land property. Generally speaking, title questions cannot be decided in a summary proceeding under Article 226 of the Constitut'on. Appropriate remedy to be pursued -a.- ^ to settle title questions is by way of a suit before the jurisdictional Civil Court. !n order to grant relief to the petitioner, it becomes imperative for the Court to undertake adjudicatfon of titie and possessory right questions and such a questlon cannot be resolved w'thout permitting the parties to lead evldence and tender them to be cross-examined by each other. In that view of the matter and ateo having regard to the fact that the petitioner has more efficacious and comprehensive remedies by way of private iaw review remedies before the jurisdictional Civil C-ourt, ! am not inclined to entertain the writ petitlon. The writ petition is accordingly dismissed, 'eaving open al! the contentions raised in this writ petition to be pressed into semce in the suit that may be filed by the petitioner before the jurisdictional Clvil Court. Nocosts. ,— Sd/- Chief Justice .l»w l^