The single-judge court held that family disputes demanding share cannot be adjudicated under Article 226 of the Constitution. The petitioner was directed to approach the civil court for partition and declaration. The writ application was dismissed.
Petitioner directed to approach civil court for partition and declaration; application dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11434 of 2015
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Karmvir Kumar son of Sri Ravindra Prasad Singh Resident of village and P.O. Cheriya Bariyarpur, P.S. Cheriya Bariyarpur, District - Begusarai.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Anita Kumari For the Respondent/s : Mr. MANISH KUMAR- GP8
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CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER
3 21-09-2017 Heard learned counsel for the parties.
Family disputes, demanding share cannot be adjudicated under Article 226 of the Constitution of India. If the petitioner has issues with his father, he may approach the civil court of competent jurisdiction for partition and declaration in his favour.
Writ Application is otherwise dismissed.
skm/-
(Ajay Kumar Tripathi, J)
U
2 issues framed by the court
Whether writ jurisdiction under Article 226 is applicable to family disputes demanding share of property between father and son.
Whether the petitioner can approach civil court for partition and declaration in such cases.
1 provisions across 1 enactments
Karmvir Kumar
The State of Bihar
The Director, Primary Education, Government of Bihar
The District Magistrate, Patna
The District Education Officer, Patna
The District Programme Officer (Establishment), Patna
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
