Amar Kaur v. Collector, Sub Division

RANJIT SINGH, J.

The petitioners are primarily aggrieved against the order passed by the respondents in issuing a warrant of possession. The petitioners have already filed civil suit before the Civil Court, Rajpura, for redemption as well as for foreclosure. The grievance raised in the present writ petition is that respondent No. 2 has passed an order on extraneous consideration redeeming the land even without having look at the mortgage deed. This order, accordingly, was challenged by filing a civil suit. The predecessor of respondent No. 2 earlier had adjourned the case sine-die to await the decision in the civil suit. Now, respondent No. 2 has passed the order issuing warrant of possession, which is impugned through the present writ petition.

Since the petitioners have already invoked the jurisdiction of civil court, where the same issue is involved, it would not be appropriate to entertain the writ petition for the same cause. The petitioners cannot have two alternative remedies simultaneously. Accordingly, the petitioners are given liberty to move an application before the Civil Court seeking any appropriate order against issuance of warrant of possession. The petitioners may do so within a period of two weeks from today. Till then, warrant of possession shall remain stayed. Thereafter, the Civil Court would be at liberty to pass any appropriate order.

The writ petition is disposed of with above observation.