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RAJEEV RANJAN PRASAD
Subhash Kumar Chaudhary – Appellant
Versus
State of Bihar – Respondent
Rajeev Ranjan Prasad, J.—This writ application has been filed seeking the following reliefs:—
“(i) For issuance of appropriate writ/order/reaction commanding the respondents to protect the life and liberty of the petitioners as well as forcibly being dispossessed by Respondents Nos. 8 to 11 with the help of local administration especially with the help of local police officials over the land appertaining to Mauza Fatehpur, P.S. Sabour, District Bhagalpur, C.S Plot No. 266, New Survey Plot No. 28, pertaining No. 122(Old), 407 (New).
(ii) For issuance of appropriate writ/order/direction commanding the respondents to lodge criminal case against the respondents Nos. 8 to 11 on the information on 06.07.2023 given by the petitioners before all the respondents as well as before Competent authority for institution of criminal case against them with regard to illegal acts and omission by said private respondents.
(iii) For issuance of appropriate writ/orders/ direction commanding the respondents to protect the possession of the petitioner over the aforesaid land which is being threaten by private respondents No. 8 to 11 to be dispossessed forcibly acting as MIGHT IS RIGHT instead of RIGHT IS M
The court affirmed that police protection can be ordered to implement civil injunctions, emphasizing the judiciary's role in upholding property rights against unlawful interference.
The trial court's ex parte orders for possession were illegal, necessitating due process and rightful hearings before dispossessing parties from joint property.
The court ruled that administrative actions and orders from the trial court lacking due procedural safeguards lead to wrongful dispossession.
The court held that ex parte injunctions must adhere to proper legal process, emphasizing the necessity of hearing all parties and verifying possession before enforcement, thereby invalidating the ad....
Court emphasized that police assistance for enforcing injunction should be based on established possession and proper findings, rejecting reliance on mere allegations.
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