Asharfi Rai v. The State of Bihar
Case brief
What is this about?
A writ petition filed by a decree-holder to remove encroachment on land by private respondents. The Single Judge held that once a decree exists, the petitioner must seek execution before the civil court, not a writ. The petition was disposed of with direction to file an execution petition. Jurisdiction under civil procedure was upheld.
What did the court decide?
Petitioner directed to file an execution petition before the appropriate civil court forum.