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SANJAY KUMAR DWIVEDI
Narendra Kumar Pandey – Appellant
Versus
State of Jharkhand through its Home Secretary – Respondent
JUDGMENT :
Sanjay Kumar Dwivedi, J.
Heard learned counsel appearing for the petitioners, learned counsel appearing for the respondent State and learned counsel appearing for the Respondent Nos.9 to 20.
2. The prayer in the writ petition is made for direction upon the respondent Nos. 2 to 8 to take appropriate steps against the respondent Nos.9 to 20 restraining them from interfering with the lands appertaining to Plot No. 754A having an area of 0.08 Acres and Plot No.756 having an area of 0.42 acres under Khata No.1 and Plot No.865/1367 having an area of 1.92 decimals under Khata No.184, Mouza – Kajaru Kalan within Pandu Police Station measuring total area of 2.42 acres, the land in question and to ensure safe enjoyment of the right of the petitioners as declared by competent court of law and to provide police protection to the petitioners for unfettered enjoyment over the said property in any manner and within a specified period. Further prayer is made for direction upon the respondents to demolish part of the illegal construction raised on a portion of the lands in question by the private respondents in violation of the decree of permanent injunction against the private respondents
Civil rights disputes must be adjudicated in civil courts, and the High Court cannot grant police protection without establishing possession through proper legal channels.
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.
The executing court cannot go beyond the terms of the decree and must give effect to the decree as passed, and a decree, even if erroneous, is binding between the parties until set aside by an approp....
The court affirmed that police assistance for enforcing a decree requires proof of willful disobedience, and acknowledged the shared rights of co-sharers impacting enforcement viability.
The duty of the Executing Court to ensure that the decree-holder is put in possession of the property, the subservient rights of subsequent purchasers to the rights of the judgment debtor, and the ne....
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.
Suppression of revenue proceedings setting aside relied-upon mutation constitutes unclean hands, disentitling temporary injunction; High Court under Article 227 will not re-appreciate evidence or int....
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.
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