The High Court dismissed a writ petition seeking eviction of an occupier. It held that issues of title and possession of immovable property cannot be decided under Article 226, directing the petitioner to pursue civil remedies.
Application dismissed with liberty to seek other remedies under civil law.
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 Criminal Writ Jurisdiction Case No.1285 of 2019
Arising Out of PS. Case No.-127 Year-2005 Thana- KHAJANCHI HAT District- Purnia
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Kamal Lata Singh, Wife of Ram Naresh Singh, Resident of - Tatma Toli, Newa Lal Chowk, P.S.- K. Hat, District - Purnea
... ... Petitioner
... ... Respondents
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Appearance :
For the Petitioner : For the Respondents-State:
Mr. Radha Mohan Singh, Advocate Mr. M. Nasrul Huda Khan, SC-1
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 09-09-2019
The reliefs prayed by the petitioner as enumerated in para 1 to the present application are as under:-
Patna High Court CR. WJC No.1285 of 2019 dt.09-09-2019 2/3
Area-3 Katha 11 dhoors by evicting the private respondent and his family members who has illegally occupied the house of the petitioner. (ii) For issuance of writ in the nature of mandamus or any other appropriate writ for commanding the official respondents to remove illegal encroachment from the house of petitioner situated at plot pertaining to Mauza-Maranga, Khata No.1677, Khesra No.2339, Area-3 Katha 11 dhurs as the same has been illegally occupied by the private respondent and his family members.
(iii) For issuance of writ in the nature of mandamus or any other appropriate writ for directing the official respondents to take stern legal action against the private respondent for illegally occupying the house of the petitioner by taking advantage of his police service.
(iv) For issuance of any other order or orders which your Lordships may deem fit and proper in the facts and circumstances of the case.
Patna High Court CR. WJC No.1285 of 2019 dt.09-09-2019 3/3
live in. Thereafter, in the year 1998, she was transferred to Gopalganj where she worked till March, 1999 and upon transfer, she again returned back to Sadar Hospital, Purnia. However, she found that respondent no. 11 was illegally occupied the house by breaking its lock and since then, he is in possession of the entire property belonging to the petitioner.
(Ashwani Kumar Singh, J.)
Sanjeet/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 12.09.2019 |
| Transmission Date | 12.09.2019 |
2 issues framed by the court
Whether a court of writ jurisdiction can decide the issue of title and possession of immovable property.
Whether a writ of mandamus can be issued to direct eviction of a third party in a property dispute involving title.
1 provisions across 1 enactments
Kamal Lata Singh
The State of Bihar through the Chief Secretary, Government of Bihar, Patna
The Director General of Police, Bihar
Saroj Kumar Singh
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
