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ALOK KUMAR PANDEY
Tapeshwar Prasad – Appellant
Versus
State of Bihar – Respondent
Alok Kumar Pandey, J.—In the instant petition, petitioner has prayed for the following relief:—
That this is an application for issuance of a writ in the nature of Certiorari to quash the Order dated 23.08.2017 passed in B.L.T. Case No.1035/2015 by learned Member Administrative whereby he allowed the case and set aside the Order dated 21.07.2010 passed in Misc. Case No. 11/2009-10 by the D.C.L.R., Danapur and further for issuance of an appropriate writ, order or direction commanding upon the respondents not to interfere with the Jamabandi no. 183 standing in the name of petitioner with respect to the land of Khata no. 204, Plot no.176 area 20 1/2 dec., Thana no. 24, Tauzi no. 5234 situated in Mauza - Mainpur Shanker, P.S. - Danapur, District – Patna.
2. Learned counsel for the petitioner submits that petitioner has approached this Court against the order of BLT passed on 23.08.2017. Learned counsel submits that order of DCLR is annexed at annexure-10 which is allowed in the favour of the petitioner. Against the order of DCLR, respondent no. 5 approached BLT and BLT has given direction that aggrieved party knock the door of the competent civil court. Learned counsel for the petitioner
Writ jurisdiction under Article 226 is not maintainable in property disputes where a title suit is pending, as such matters should be resolved in civil courts.
Writ jurisdiction cannot resolve property disputes pending in civil courts, emphasizing that appropriate remedies should be pursued through the general legal system.
The court upheld the right of descendants of recorded tenants to claim ownership of ancestral land despite prior administrative decisions.
interim protection granted in favour of the parties is to continue, but the same shall not govern the decision of the Court. The basis for adjudication shall need to be the oral as well as documentar....
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