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IN THE HIGH COURT OF JUDICATURE AT PATNA
ALOK KUMAR PANDEY
Joytirmayee Samta Singh W/o Col. S.K. Singh – Appellant
Versus
State of Bihar through Principal Secretary, Home Department, Government of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. petitioners claim land possession rights (Para 1 , 2) |
| 2. ongoing civil suit affects writ jurisdiction (Para 3 , 4) |
| 3. supreme court clarifies writ court limitations (Para 5 , 6 , 7) |
| 4. writ jurisdiction not appropriate for title disputes (Para 8) |
| 5. writ petition dismissed (Para 9) |
JUDGMENT :
ALOK KUMAR PANDEY, J.
1. In the instant petition, the petitioners have prayed for following relief(s):-
“i) For issuance of mandamus directing the respondents to take legal action against Respondent No. 8 restraining him from forcefully dispossessing these petitioners and undertaking any illegal construction work on Raiytee land of the petitioners upon which they are in peacefully possession for last thirty eight years.
ii) For a direction upon respondent No. 7 to immediately make recommendation for initiation of 144 Cr. P. C. proceeding over the land and restrain the parties from going forum over the same so that peace & tranquility could be maintained.
iii) For further direction for respondent authorities to provide protection to the petitioners so that their land over which they have got perfect right, title and possession and confirmed by judgment and decree dated 16.3.2011 passed
Writ jurisdiction cannot resolve property disputes pending in civil courts, emphasizing that appropriate remedies should be pursued through the general legal system.
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 is inappropriate for adjudicating disputes regarding property titles; such matters should be resolved through civil courts.
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