MOHAN PANDEY AND ANOTHER versus SMT. USHA RANI RAJGARIA AND ORS.

MOHAN PANDEY AND ANOTHER versus SMT. USHA RANI RAJGARIA AND ORS.

Article 226 writ jurisdiction is not available for enforcement of private property rights between private individuals unless violations by statutory authority are alleged; the proper remedy is a regular suit in civil court.

Parties
Appellants: Mohan Pandey and another; Respondents: Smt. Usha Rani Rajgaria and others
Jurisdiction
India
Judgment Date
19 August 1992
Procedural Posture
Civil Appeal / Appeal From High Court Judgment in Civil Writ Petition
Outcome
Appeal allowed; impugned High Court judgment set aside; respondents' writ petition dismissed.
Legal Topics
Article 226 Jurisdiction, Private Property Disputes, Remedies Under General Law
Constitutional Law Property Law Article 226 Jurisdiction Private Property Disputes Remedies Under General Law

Case Brief

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Parties

Mohan Pandey and another

Appellants

Smt. Usha Rani Rajgaria and others

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment in Civil Writ Petition

Legal Issues

  1. 1 Whether writ jurisdiction of High Court under Article 226 may be invoked for enforcement of a private right to immovable property as between private individuals

Ratio Decidendi

Article 226 writ jurisdiction is not available for enforcement of private property rights between private individuals unless violations by statutory authority are alleged; the proper remedy is a regular suit in civil court.

Court Disposition

Appeal allowed; impugned High Court judgment set aside; respondents' writ petition dismissed.

Orders

  • Impugned judgment of Delhi High Court in Civil Writ Petition No. 2259 of 1991 set aside.
  • Respondents' writ petition dismissed.