The High Court dismissed the petitioner's writ petition as not maintainable. The Court held that disputes regarding title and possession arising from a sale deed require a civil suit for declaration of rights, as the writ jurisdiction is not appropriate for adjudicating such civil titles. Relief was denied.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P (C) No. 2752 of 2021
Md. Bashir ----Petitioner
Versus
10.Tulsi Sahu ----Respondents
CORAM: Hon’ble Mr. Justice Ambuj Nath
For the Petitioner: Mr. Ranjan Kumar, Advocate For the Resp.-State: Mr. Praveen Akhauri, S.C (Mines)-1 Mr. Sharabhil Ahmed, A.C to S.C (Mines)-1
05 / 07.08.2023 The petitioner-Md. Bashir has filed this writ application for issuance of an appropriate Writ (s) / Order (s) / Direction (s) in the nature of mandamus commanding upon the Respondents to give him peaceful possession over the land appertaining to Khata No. 18, Plot No. 60, area 15 decimals under Mouza Konka, District Ranchi.
Petitioner, if so advised, may file a civil suit before the Competent Civil Court for redressal of his grievance.
(Ambuj Nath, J)
Ranjeet/
3 issues framed by the court
Whether a writ petition is maintainable to determine title and possession disputes arising from a sale deed.
Whether the cause title relates to declaration of rights and recovery of possession, requiring a civil suit.
Whether the petitioner's prayer for peaceful possession lies within the scope of Article 226 writ jurisdiction.
Md. Bashir
The State of Jharkhand
The Deputy Commissioner, Ranchi
The Superintendent of Police, Ranchi
The Circle Officer, Khelari, Ranchi
The Circle Inspector, Khelari, Ranchi
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
