High Court under Article 226/227 refrains from deciding title disputes pending in civil court; directs police to assess threats for protection and allows alternative remedy for revenue mutation.

JUDGMENT :

Subhash Upadhyay, J.

Learned counsel for the petitioner has filed the present writ petition with the following prayers:

“(a) A writ, order or direction in the nature of mandamus directing the respondent nos. 1 and 2 to adequate protection to the petitioner from the private respondents.

(b) A writ order or direction in the nature of mandamus directing the respondent no.1 to mutate the name of the petitioner over the land owned and possessed by the petitioner.”

2. Learned counsel for the petitioner submits that the petitioner’s predecessor Smt. Panna Lal Shah was the owner of the land situated at Village Bandia, Tehsil Kichha, District Udham Singh Nagar and the name of Smt. Panna Lal Shah was mutated in the revenue records on 06.02.2023; that thereafter, Smt. Panna Lal Shah gifted the property to the petitioner vide registered Gift Deed dated 01.03.2023 and the petitioner is in possession; that the private respondents are threatening the petitioner and there is eminent threat/danger to the life and liberty of the petitioner. He further submits that the revenue authorities are not mutating the name of the petitioner over the aforesaid land.

3. Per contra, learned counsel for the private respondents submits that the present case has a chequered history and, in fact, the land belongs to M/s Kesar Sugar Factory and a Writ Petition No. 997 (M/S) of 2023 is pending before the Court. He further submits that the second prayer sought by the petitioner for mutating his name cannot be considered in the present writ petition and the petitioner has an alternative remedy to submit his grievance before competent authority.

4. In reply, learned counsel for the petitioner submits that M/s Kesar Sugar Factory is deriving its right over the property on the basis of an order by the Kham Authorities passed on 25.03.1956, which was a holiday on account of Sunday and thereafter there was Holi holiday on 26.03.1956. We had given an opportunity to the learned counsel for the respondents to rebut the said claim and the counsel for the private respondents could not rebut the said submission however, he submits that the Writ Petition No. 997(M/S) of 2023 is still pending and there are various relevant documents to demonstrate that the land belongs to M/S Kesar Sugar Enterprises and the said issue can be decided in the aforesaid writ petition.

5. Per contra, learned counsel for the petitioner contends that the respondent has instituted a suit seeking for declaration and that the same is pending and in that view this court cannot in exercise of its powers under article 226/227 decide the issue of title. The fact remains that a properly constituted suit has been instituted by the respondents seeking appropriate reliefs including a declaration. In that view the petitioner is right in contending that the High Court cannot enter upon and decide the issue of title when the same is pending and seized by the Trial Court. The parties shall await the judgment of the Trial Court in so far as it relates to the issue of title over the suit lands.

6. Having heard learned counsel for the parties, liberty is given to the petitioner to move an appropriate application for protection before the respondent no. 3.

7. The Station House Officer, Police Station Kichha, District Udham Singh Nagar is directed to assess the threat, if any, to the life and limb of the petitioner, and to provide necessary protection, if an application is made alleging a threat to the life and limb of the petitioner.

8. Petitioner is also given a liberty to move an appropriate application before the competent authority/Court for the redressal of his grievance with regard t