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Patna High Court

ARVIND KUMARversusTHE STATE OF BIHAR THROUGH THE Director General of Police (DGP) Govt. Of Bihar, Patna

Decided
Disposal
DISPOSED

Holding

The writ court cannot decide the disputed title and the petition is disposed, directing the parties to seek interim relief in the pending civil suit.

Summary

The petitioner, an advocate, filed a writ petition seeking peaceful possession of his official chamber, alleging that his brother Ashok Kumar had installed a double lock with the help of 'bad elements' on 29-10-2020, thereby hampering his legal practice. The petitioner claimed ownership of the premises by gift from his aunt, while Ashok Kumar and his wife Vandana Kumari contended that the property belonged to them, having purchased it from a relative. The matter of title is already before a competent civil court (Title Suit No. 341 of 2019), where Ashok Kumar is a defendant. The High Court observed that a writ court cannot adjudicate disputed title matters and directed the parties to pursue relief in the pending civil suit, allowing the petitioner to file an interlocutory application for removal of the double lock. The court ordered that any such application be filed within fifteen days, with a reply from the respondents within a week, and the civil court to dispose of it within a month. Consequently, the writ petition was disposed of, with liberty granted to seek interim relief in the civil proceedings.

Issues considered

  • Can the High Court entertain a writ petition for possession when the title of the property is disputed and a civil suit is pending?
  • Whether the writ court can decide on the factual dispute of ownership between the parties
  • Appropriate interim relief for the petitioner pending determination of title

Subjects

  • writ petition
  • civil suit
  • title dispute
  • interim relief
  • possession
  • advocate's office
  • double lock

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Writ Jurisdiction Case No.330 of 2021
                                 Arising Out of PS. Case No.- Year-0 Thana- District- Patna
                 ======================================================
                 Arvind Kumar, Advocate, S/o Late Govind Das, R/o Mohalla- Guzri Bazar,
                 P.S.- Khejekalan, Patna City, Anchal Patna Sadar, District- Patna

                                                                                       ... ... Petitioner/s
                                                 Versus
           1.    The State Of Bihar Through The Director General of Police (DGP) Govt. Of
                 Bihar, Patna, Bihar
           2.    The District Magistrate, Patna, Bihar
           3.    The Chief Executive Officer, Patna Municipal Corporation Patna, Bihar
           4.    The Senior Superintendent of Police, Patna, Bihar
           5.    The Deputy Superintendent of Police Patna City, Bihar
           6.    The Sub Divisional Officer Patna City, Bihar
           7.    The Officer-in-Charge P.S.- Khajekalan, Patna City, Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Akshay Lal Pandit, Advocate
                 For the State            :         Mr. Sheo Shankar Prasad, SC-8
                 For the PMC              :         Mr. Yashraj Bardhan, Advocate
                                                    Mr. Abhimanyu Kumar Tripathi, Advocate
                                                    Mr. Rananjay Kumar, Advocate
                 For the Intervenor       :         Mr. Jagjit Roshan, Advocate
                                                    Mr. Anjani Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

5   06-01-2026                   This writ petition has been filed for peaceful

                   possession of the Official Chamber/Residential Office of the

                   petitioner, who happens to be an advocate and his practice is

                   being hampered on account of all the files being confined in the

                   premises. The double lock has been put up by Ashok Kumar, the

                   brother of the petitioner with the help of bad elements on

                   29.10.2020.

                                 2. Learned counsel on behalf of Ashok Kumar and his
Patna High Court CR. WJC No.330 of 2021(5) dt.06-01-2026
                                            2/3




          wife/Vandana Kumari is also present in the Court and he has

          already filed one intervener application to get impleaded as

          respondents in this writ petition, because as per his submission,

          the property belongs to Vandana Kumari, wife of Ashok Kumar

          and he is submitting that Vandana Kumari has purchased the

          property from the brother of her husband viz., Awadh Kumar.

                       3. As per learned counsel for the petitioner, the

          property absolutely belongs to the petitioner which is gifted by

          his fua viz., Yasoda Devi.

                       4. It is also informed by both the parties that the

          petitioner has already moved competent Civil Court by way of

          filing Title Suit No. 341 of 2019, pending in the Court of Sub-

          Judge-I, Patna City in which Ashok Kumar is already defendant.

                       5. I heard both the parties and perused the materials

          on record.

                       6. It clearly transpires from the record that the

          property, which is being claimed as property of the petitioner, is

          being disputed by Ashok Kumar and his wife/Vandana Kumari

          and Civil Suit is already pending before the competent Court for

          declaring the Title and other ancillary relief. It is also settled law

          that Writ Court cannot decide the disputed facts of Title of the

          rival parties.
           Patna High Court CR. WJC No.330 of 2021(5) dt.06-01-2026
                                                       3/3




                                  7. Hence, in such facts and circumstances, it is

                     desirable that both the parties should pursue their case before

                     the Civil Court where Suit is pending and for immediate relief,

                     the petitioner is at liberty to file one Interlocutory Application

                     before the Civil Court where Title Suit is pending between the

                     parties for interim relief by way of removing double lock by

                     Ashok Kumar or his wife/Vandana Kumari. If such application

                     is filed by the petitioner within fifteen days, Ashok Kumar or his

                     wife/Vandana Kumari, who is present herein by way of her

                     Advocate, is also directed to file his or her reply to interlocutory

                     application within one week and thereafter, Civil Court

                     concerned is directed to dispose of the application in any

                     situation within a month from the date of filing of the

                     application, because the Official Chamber/Residential Office of

                     the petitioner is being claimed as Office of Advocate and his

                     practice is being hampered.

                                  8. With such aforesaid observations, the present

                     petition is disposed of with liberty to the parties as sought for.



                                                                  (Jitendra Kumar, J.)
ravishankar/-

U      T


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