This Letters Patent Appeal was dismissed. The High Court held that a Writ Court cannot adjudicate title when the dispute is inter se family members regarding a gift deed, as it involves a question of fact to be determined by a Civil Court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1518 of 2018
In
Civil Writ Jurisdiction Case No.10980 of 2015
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... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Sanjay Kumar, Advocate For the Respondent/s : Mr.Md. Khurshid Alam- AAG-12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 13-02-2020
Re: I.A. No. 9144 of 2018
Patna High Court L.P.A No.1518 of 2018 dt.13-02-2020 2/3
Heard learned counsel for the parties.
The appeal is reported to be delayed by eight days.
We have considered the affidavit filed in support of
the delay condonation application and we find that sufficient cause has been shown to condone the delay in filing the appeal. The delay is condoned and the appeal shall be treated to be within time.
I.A. No. 9144 of 2018 stands allowed accordingly.
Re: L.P.A. No. 1518 of 2018
The appeal filed on 09.10.2018 is listed for hearing for the first time today before the Court.
Heard learned counsel for the appellants and learned counsel for the respondents.
The instant appeal has been preferred against the order dated 30.08.2018 passed by a learned Single Judge of this Court in C.W.J.C. No. 10980 of 2015, titled as Akhilesh Prasad & Ors. Vs. The State of Bihar & Ors, whereby the writ petition stands dismissed.
Having heard learned counsel for the appellants and learned counsel for the respondents, we do not find any reason sufficient enough to interfere with the impugned judgment dated 30.08.2018 passed in C.W.J.C. No. 10980 of 2015, titled as
Patna High Court L.P.A No.1518 of 2018 dt.13-02-2020 3/3
Akhilesh Prasad & Ors. Vs. The State of Bihar & Ors, for we do not find any perversity therein.
The dispute with regard to the title is inter se the family members. Appellants claim to be owner by virtue of a gift deed, which fact is seriously disputed by the co-owners. As such, considering the disputed question of fact, a Writ Court cannot adjudicate the title, and as such, we find that the learned Single Judge has rightly dismissed the writ petition, leaving it open to the parties to have their rights adjudicated before a Civil Court or in other proceedings contemplated under the relevant statute.
As such, we dispose of the present appeal reserving liberty to the appellants to take recourse to such remedies as are otherwise available in accordance with law.
(Sanjay Karol, CJ)
(S. Kumar, J)
P.K.P./-Utkarsh
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2 issues framed by the court
Whether the High Court can adjudicate title in a writ proceeding when the title dispute is between family members.
Whether the Single Judge erred in dismissing the writ petition regarding the disputed title.
Arbind Kumar Sinha & Ors.
The State of Bihar
HONOURABLE THE CHIEF JUSTICE
J. S. KUMAR ORAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
