In LPA No.964 of 2017, the Patna High Court dismissed the appeal, directing the petitioner to file a civil suit for injunction and declaration regarding property disputes and privacy complaints against police.
The appeal was disposed of by directing the appellant to seek civil remedies via suit and/or private complaint.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.964 of 2017
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Rajendra Prasad Mishra Son of Late Ram Rup Mishra, Resident of MohallaA/18, Ram Rup Sadan, At Anandpuri, P.S.- S.K. Puri, District- Patna.
... ... Appellant/s
Versus The State of Bihar. The D.M. Buxar. The D.C.L.R. Buxar. The C.O. Buxar. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Rajendra Prasad Mishra (inperson) For the Respondent/s : Mr. MD. Khurshid Alam- AAG12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and
HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 07-11-2017
Taking note of the manner in which the writ petition has been filed and considering the grievance of the petitioner which was canvassed before us by the petitioner, who appears personally, we find that in case the petitioner has any grievance with regard to title and dispute regarding his property, the only remedy available to the petitioner is to take recourse to the provisions of common law, file a suit, seek a decree of injunction and declaration. That apart, in case the petitioner has any grievance with regard to the response and attitude of the police officials in dealing with the complaint, he may take recourse of filing a private
Patna High Court LPA No.964 of 2017 dt.07-11-2017 2/2
complaint under the Code of Criminal Procedure and seek prosecution of the officials.
Finding no indulgence to be made in the matter, we
dispose of the appeal with the aforesaid liberty to the appellant.
(Rajendra Menon, CJ)
( Anil Kumar Upadhyay, J)
K.C.Jha/-
| AFR/NAFR | NAFR |
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| CAV DATE | |
| Uploading Date | 10.11.2017 |
| Transmission Date |
2 issues framed by the court
Whether the High Court can refrain from exercising writ jurisdiction regarding a property title dispute.
Whether the petitioner has an alternative civil remedy for title and injunction.
Rajendra Prasad Mishra
The State of Bihar
Rajendra Menon
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
