This order dismisses a writ petition seeking a declaration of title and an injunction against university authorities over land possession disputes, holding such matters are misconceived for writ jurisdiction.
The writ application is dismissed as misconceived with the petitioner advised to seek other remedies.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.204 of 2020
Arising Out of PS. Case No.- Year-0 Thana- District- Gaya
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SUDAMA KUMAR Son of Mangal Chand Resident of Village - Pachhatti, P.S.- Bodhgaya, Distt.- Gaya.
... ... Petitioner
Versus
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Bibhuti Narayan, Advocate For the Respondent/s : Mr.Sheo Shankar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
2 20-02-2020 This writ application in only misconceived and the
manner in which it has been framed cannot be entertained by a Writ Court.
Petitioner is seeking a direction to the respondent authorities particularly Respondent Nos. 6, 7 and 8 who are the officers of the Magadh University not to make any interference with the possession of the petitioner over the land in question.
It is the submission of the petitioner that earlier
Patna High Court CR. WJC No.204 of 2020(2) dt.20-02-2020 2/2
proceeding under Section 144 Cr.P.C. was initiated on the complaint made by the University vide Misc. Case No. 1930 of 2018 which was finally dismissed but the University stopped the construction work which was being carried out by the petitioner over the land and they are claiming that the land belongs to the University.
In sum and substance, the petitioner is looking for a declaration of his right, title and possession over the land in question and to restrain the University from staking their claim on the land. Such disputes cannot be entertained in a writ petition under Article 226 of the Constitution of India.
This application has, thus, no merit, it is dismissed accordingly leaving it open for the petitioner to seek his remedy as may be advised in accordance with law.
(Rajeev Ranjan Prasad, J)
SUSHMA2/-
U
2 issues framed by the court
Whether a writ court can entertain a petition seeking a declaration of title to land and restraining a university from claiming possession over such land.
Whether a land possession dispute can be decided in a writ petition under Article 226.
2 provisions across 2 enactments
Sudama Kumar
The State of Bihar through Home Secretary, Govt. of Bihar, Patna
District Magistrate, Gaya
Senior Superintendent of Police, Gaya
Sub-divisional Officer, Sadar, Gaya
Circle Officer, Bodhgaya, Dist.- Gaya
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
