High Courts should not intervene in private property disputes, with exclusive jurisdiction given to civil courts under Article 226.

JUDGMENT :

Tirthankar Ghosh, J. 

1.Petitioner has approached this Court invoking the jurisdiction under Article 226 of the Constitution of India advancing the following prayers:

a) A writ in the nature of mandamus commanding the respondent authority specifically respondent no.4 and 5 to show cause as to why the private respondents No.8 to 9 should not be arrested immediately upon proper criminal case being registered against the private respondent by the police authority;

b) A writ in the nature of mandamus directing the respondent authority specifically the respondent Nos.4 and 5 to show as to why they should not be restrained from pro-activeness/over action for helping the private respondent and perform their statutory duty;

c) A writ in the nature of mandamus commanding the respondent authority to restrained the private respondents from making any obstruction to construct the house of the petitioner immediately and stop the private respondents from creating nuisance over the petitioner’s property;

d) A writ in the nature of mandamus commanding the respondent authority to show cause as to why the proper investigation of the instant case should not be conducted by arresting the accused persons immediately;

e) A writ in the nature of certiorari commanding the respondent to certify and transmit to this Hon’ble Court the record of the case so that conscionable justice may be done;

f) Rule NISI in terms of prayer (a), (b), (c), (d) and (e) above;

g) Ad-interim order do issue restraining the private respondents from entering into the land of the petitioner till disposal of this writ petition;

h) Ad-interim direction to the police authority to give police help and/or assistance to the petitioner till the disposal of the writ application;

i) Costs;

j) Such other or further order(s) and/or direction(s) as to this Hon’ble Court may deem fit and proper.”

2. Learned advocate appearing for the petitioner has drawn the attention of the Court to the photostat copy of the record of rights which has been enclosed and claimed to be the owner of the land referred to therein. Attention of the Court was drawn to a text message advanced through the Government of West Bengal wherein an installment of Rs.60,000/- for Awas Yojona was advanced from the Panchayat and Village Development, Government of West Bengal. Petitioner also approached the learned Civil Judge (Junior Division), 3^rd Court, Krishnagar by way of filing T.S.75 of 2025 wherein an application was preferred under Order XXXIX Rule 1 and 2 read with Section 151 of the Code of Civil Procedure. The learned Civil Judge by its order dated 02.04.2025 directed the defendants to be restrained from creating any disturbance in the peaceful enjoyment and possession over the suit property referred to in the plaint and also directed not to change the nature and character of the property. Learned advocate has also referred to the representation made to the Superintendent of Police, Krishnagar Police District, Officer-in-Charge, Chapra Police Station and the Pradhan, Kalinga Gram Panchayat wherein the learned advocate representing the petitioner communicated to the police authorities in respect of construction of the house under Awas Yojona. Learned advocate has also drawn the attention of the Court that the order passed by the learned Civil Judge in T.S.75 of 2025 was communicated to the police authorities and after receiving the said order, the police authorities did not put in efforts to protect the order of the Hon’ble Court and had been directing not to make any construction, although there was a direction to restrain the anti-socials from obstructing the construction of the petitioner.

3. Learned advocate for the State has submitted a report. Report reflects that the petitioner and the private respondents both have initiated cases. Chapra P.S. Case No.116 of 2025 dated 03.02.2025 was registered for investigation wherein private respondents lodged a case and consequently after conclusion of investigation charge