The petitioner sought a mandamus directing the Sub-Divisional Magistrate to resolve a title dispute and hand over possession of land allegedly bought by his wife. The court held the SDM lacked jurisdiction to adjudicate title disputes absent breach of peace and dismissed the petition.
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Court No. - 21
Case :- WRIT - C No. - 35491 of 2021
Petitioner :- Ram Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amar Singh Kashyap Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
The instant writ petition has been filed praying for a mandamus commanding the respondent no.2 to ensure handing over of possession of half share of the land to the petitioner by dispossessing Respondent No.4 in pursuance of notice dated 16.11.2021 issued to them.
The petitioner and respondent no.4 are real brothers. According to the petitioner, his mother was owner of the property in dispute. She executed a sale deed dated 21.6.2006 in respect of half portion of the land in favour of Sheel Kumari, wife of the petitioner. The petitioner alleges that respondent no.4, his brother has illegally taken possession of the half portion of the land, in respect of which there is sale deed in favour of his wife. The petitioner is stated to have filed some application before the S.D.M. Madhogarh on 05.10.2021 and upon which the S.D.M. initially directed the S.H.O. to hear both the parties and dispose of the complaint. There is on record a report dated 12.11.2021 of Tehsildar Madhogarh, stating that there is dispute between parties relating to title and the parties are free to get the same decided by filing a suit. Thereafter, it appears that the mother of the petitioner filed some application on Tehsil Diwas as also the petitioner and whereupon Respondent No.2 have issued a notice dated 16.11.2021 to the petitioner, respondent no.4 and Munni Devi (mother of the petitioner) stating that the petitioner has produced sale deed along with application dated 16.11.2021 and
has alleged that there is dispute between the parties and therefore, they should appear in his office on 23.11.2021 along with evidence and relevant records.
In the above background, the petitioner had prayed for a direction to the S.D.M. to ensure that possession of half of portion of the land which has been allegedly purchased by the petitioner's wife, be handed over to the petitioner by concluding the proceeding expeditiously. The Tehsildar in his report clearly stated that there is serious dispute of title between the parties. The notice issued by the SDM also recites the same thing and is not in respect of any apprehension of breach of peace.
We are of the considered opinion that respondent no.2 has no jurisdiction to adjudicate upon any such dispute except in so far as there is any apprehension of breach of peace or any issue relating to maintenance of law and order. The proceedings initiated in pursuance of the notice are without jurisdiction. We decline to entertain the petition and accordingly dismiss it with liberty reserved in favour of the petitioner to take recourse to such other proceedings as may be advised.
Order Date :- 13.1.2022 Imroz
(Dr. Y. K. Srivastava,J.) (Manoj Kumar Gupta,J.)
2 issues framed by the court
Whether the Sub-Divisional Magistrate has jurisdiction to adjudicate upon a dispute relating to title of property in the absence of apprehension of breach of peace.
Whether the writ petition seeking direction to the SDM to ensure handing over of possession is maintainable.
Ram Kumar
State Of U.P.
Manoj Kumar Gupta
Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
