Committee of Management Acharya Pandit Suresh Datta Tripathi Vidya Mandir Shiksha Samiti and Another v. State of U.P. and 4 Others
Case brief
What is this about?
The petitioner institution sought protection against interference with its functioning over land claimed to belong to the Narcotics Department, Government of India. The court found that the Khatauni recorded possession in favour of the institution but indicated that ownership remained disputed. It declined to grant relief in the writ petition while allowing the petitioner to institute a possession-based suit, if advised and legally maintainable.
What did the court decide?
The petitioner was permitted to institute a suit based on possession, if advised, subject to its legal maintainability; no other relief was granted.