The Delhi High Court recently rejected a writ petition where an individual asserted property rights as the ruler of Beswan Avibhajya Rajya. The petitioner, who claimed to be the present ruler based on his lineage, was unable to substantiate the extent of control held by the Beswan family and the petitioner's right to succeed to the Princely State of Beswan family.
Justice Subramonium Prasad, in a Single Bench ruling, emphasized that writ courts should not delve into factual investigations better suited for civil court disputes. The court deemed the petition an abuse of legal processes and a waste of judicial time.
The petitioner, the sole surviving son of Raja Thakur Mat Matang Dhwaj Prasad Singh, contended that he was the rightful ruler of Beswan Avibhajya Rajya. He cited the British Government's Raja Mahendra Pratap Singh Estates Act of 1923, which granted Sanad in favor of Prem Pratap Singh. However, the Union of India repealed the Act in 1960 through the Mahendra Pratap Singh Estates (Repeal) Bill, 1960, withdrawing the Sanad.
The court asserted that the writ petition raised factual questions that required a properly contested suit for resolution, emphasizing that the petitioner's evidence, including maps and historical accounts, was insufficient.
As a result, the court dismissed the writ petition and imposed a cost of Rs. 10,000 on the petitioner.
Case- Kunwar Mahender Dhwaj Prasad Singh v. Union of India
W.P.(C) 11198/2023 & CM APPL. 43569/2023.
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