PATNA, India, Oct. 14 -- Patna High Court issued the following judgment on Sept. 15:
Appellants have assailed the order of the learned Single Judge dated 06.02.2025 passed in CWJC No.17264 of 2014. Respondents in the present LPA were petitioners before the learned Single Judge. They have sought for the following reliefs in the writ petition:
"For issuance of a Writ of Mandamus or any other Writ, Order/Orders to the Sr. Superintendent of Police Darbhanga District to act on various orders of the court and to take such action by which the Petitioner can get back full possession of his land measuring 32 Bighas 15 Kathas 14 Dhurs from his "Gotias" who are not vacating the same and threatening the Petitioner.
And to pass such orders as may be deemed fit by your Lordships in the facts and circumstances of the case."
2. Firstly, writ petition itself is not maintainable in view of the fact that respondents herein are entitled to file execution petition with reference to the cause of action dated 25.04.1978 passed in Partition Suit No.38 of 1975. Hon'ble Supreme Court in the case of Municipal Corporation of Greater Mumbai and Others Vs. Vivek V. Gawde reported in 2024 SCC OnLine SC 3722 in paragraph- 14 and 15 held that writ petition is not maintainable against any orders passed in civil suits.
3. Assuming that writ petition is maintainable, the learned Single Judge has failed to take note of delay and laches for the reasons that cause of action accrued to the respondents herein on 25.04.1978 in so far as disposal of Partition Suit No.38 of 1975 whereas the writ petition was filed in the year 2014. On these two counts the appellants have made out a case so as to interfere with the order of the learned Single Judge dated 06.02.2025 passed in CWJC No.17264 of 2014.
4. Accordingly, order of the learned Single Judge dated 06.02.2025 stands set aside and CWJC No.17264 of 2014 is rejected; LPA is allowed. Pending I.As, if any stands disposed of.
Disclaimer: Curated by HT Syndication.
