Disputes Regarding Title, Possession Not Subject Matter Of Writ Jurisdiction: Jharkhand HC Dismisses Plea Against Housing Board's Interference
Live LawThe Jharkhand High Court recently dismissed a writ petition seeking relief against alleged interference with the petitioner's possession and ownership of property, while ruling that disputes involving questions of "right, title, interest and possession" require evidence and cannot be adjudicated under writ jurisdiction. Justice Anubha Rawat Choudhary, presiding over the case, stated, “This Court finds that there is serious dispute in connection with right, title, interest and possession with respect to the property involved in the present case.” “This Court is of the considered view that the status of Saroj Kumar- the original allottee cannot be decided in writ jurisdiction. The court stated, “Sailesh Kumar Gupta, s/o Late Saroj Kumar has been made party in the present proceedings as respondent no. 2, but nobody has entered appearance in spite of notice.” The Housing Board submitted that its letter merely sought the petitioner's cooperation to initiate steps for cancellation of the deed through civil proceedings.
Discover Related