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IN THE HIGH COURT OF JUDICATURE AT PATNA
ARUN KUMAR JHA
Aruna Devi Wife of Shri Sunil Pandey – Appellant
Versus
State of Bihar, through Director General of Police, Bihar – Respondent
| Table of Content |
|---|
| 1. introduction of the petition and property dispute. (Para 1 , 2) |
| 2. arguments regarding petitioner's claim and police actions. (Para 3 , 4 , 5) |
| 3. jurisdiction and maintainability of writ petitions. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 4. implication of ongoing civil suit on writ jurisdiction. (Para 12) |
| 5. final conclusion: dismissal of the writ petition. (Para 13) |
JUDGMENT :
2. Briefly stated, the case of the petitioner as it appears from the petition is that the petitioner has been residing in a house built upon Khesra No. 329, Khata No. 85, Thana No. 7/29, Mauza- Jakkanpur, Patna which was purchased by her father-in-law, late Arjun Pandey, in the year 1989 through a registered sale deed. After purchase of the land, Arjun Pandey constructed a pucca house in which the petitioner has been residing with their family. Arjun Pandey had four sons, they are the husband of the petitioner and respondent nos. 7, 8 and 9, respectively. Further case of the petitioner is that respondent nos. 7, 8 and 9 have been residing in their paternal Village- Mahatpur, P.O-Dhanar, P.S.-Chandradip Dhanar, District Jamui while the petitioner’s husband has been residing in the house on purchased land
Writ petitions concerning property disputes between co-owners are impermissible under Article 226 of the Constitution when alternative civil remedies exist, necessitating resolution in civil courts.
Civil rights disputes must be adjudicated in civil courts, and the High Court cannot grant police protection without establishing possession through proper legal channels.
Point of Law - Where there is flagrant violation of the orders of the execution court and the alternate remedy found to be not efficacious, then police protection could be ordered.
Point of law: the parties to approach the civil forum and when the matters are pending before the civil forum, without narrating the entire happenings, it is not appropriate on the part of the offici....
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 court affirmed that a temple, having established its title through civil court decrees, is entitled to police protection to enforce its rights against unlawful eviction attempts by others.
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