Constitution of India – Art. 226 – Writ petition – Maintainability of – Writ petition by the appellant to settle his personal property rights disputes qua respondent Nos. 2 and 3members of the family – Held: Such Writ petition cannot be entertained – Remedy in such case lies in civil courts – Dispute sought to be raised by the appellant was essentially a private property dispute between the members of one family of which the appellant and respondent No. 2 are the members – By indirect means, a dispute inter se private parties of the nature mentioned could not be allowed to be raised in the Writ petition u/Art. 226/227 for seeking issuance of mandamus against the State and its authorities in relation to the properties – Moreso, Writ petition was not filed in the capacity of a public spirited person.
Dismissing the appeals, the Court
HELD: 1.1 The reasoning and the conclusion arrived at by the Division Bench in the impugned order is concurred with. The writ petition filed by the appellant was wholly misconceived. The Division Bench rightly observed that the dispute sought to be raised by the appellant in his writ petition was essentially a private property dispute between the members of one family of which the appellant and respondent No. 2 are the members. By indirect means such as the one resorted to by the writ petitioner (appellant) by filing the writ petition, a dispute inter se private parties of the nature mentioned could not be allowed to be raised in the writ petition under Article 226/227 of the Constitution for seeking issuance of mandamus against the State and its authorities in relation to the properties in question. [Paras 14, 15, 16][824-G-H; 825-A-C]
1.2 The appellant did not file the writ petition in his capacity as public-spirited person, i.e., Public Interest Litigation (PIL). It was, on the other hand, a writ petition was filed by the appellant essentially to settle his personal property rights disputes qua respondent Nos. 2 and 3. No writ petition can be entertained for issuance of any writ against any private individual in respect of any private property dispute. The remedy in such case lies in civil courts. [Para 17][825-C-D]
1.3 The questions such as, who is the owner of the land in question, the appellant or respondent No. 2 or any other member of their family, whether the land in question was let out by respondent No. 2 to respondent No. 3 and, if so, when, why and for what purpose, who had the right to let out the said land (appellant or respondent No. 2 or any other member of the family), what was the arrangements, if any, made in the memorandum of settlement in relation to the land in question inter se members of the family, whether it was breached or not and, if so, by whom, what activities are being carried on the said land and, if so, by whom, whether such activities are legal or illegal etc. are not the questions which can be raised by any private individual against other private individual in the writ petition under Article 226 of the Constitution. [Para 18][825-E-F]
1.4 Even if the writ petitioner did not raise pointedly these questions for claiming reliefs in the writ petition yet, such questions have a material bearing while considering the grant of reliefs claimed by the writ petitioner in the writ petition. [Para 19][825-G]
1.5 Some proceedings are pending before the Company Law Board between the parties in relation to their private property disputes. If that be so, the parties to such proceedings have to prosecute the proceedings before CLB in accordance with law for obtaining appropriate reliefs. [Para 20][825-G-H; 826-A]
1.6 It is not possible to express any opinion on merits for want of jurisdiction. The parties, would be at liberty to take recourse to all judicial remedies, as may be available to them in law, for adjudication of their respective grievances in appropriate judicial forum against each other. It is left for the State authorities to act against any such person(s) in accordance with law. [Paras 22, 23][826-B, C-D]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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