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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 :
The present writ petition has been filed seeking direction to the respondents- State authorities to save and protect the life and property of the petitioner and her family members from respondent nos. 7 to 10.
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 respo
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.
Police protection cannot override ongoing civil disputes and must be sought through competent courts.
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....
Police protection cannot be granted in ongoing civil disputes as it may bias the case.
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