Court emphasizes that police and executive authorities must not interfere in civil disputes over immovable property, reinforcing adherence to Bharatiya Nagarik Suraksha Sanhita, 2023.
In a landmark decision, the Allahabad High Court has reaffirmed the principle that police and executive authorities have no jurisdiction to interfere in civil disputes concerning the title, possession, or boundaries of immovable property, except for maintaining public peace. This judgment came in the case of Indra Pati v. State of U.P., where the petitioners sought protection against alleged police harassment in a property dispute with private respondents.
The Division Bench, comprising Justices Shekhar B. Saraf and Abdhesh Kumar Chaudhary, highlighted the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023, which restricts police intervention to scenarios where public peace is at risk. The court emphasized that civil courts hold exclusive jurisdiction to adjudicate such disputes and that any administrative or police action without court orders is illegal.
The court referenced multiple precedents, including Parmatma Saran v. State of U.P. and Suman Singh v. District Magistrate, which underscore the non-maintainability of writ petitions under Article 226 of the Constitution if they seek directions against private individuals without impleading them.
In this case, the petitioners, represented by a team of advocates, alleged police collusion with the private respondents. Although the court refrained from delving into these allegations, it underscored the impropriety of police siding with any party in civil disputes. The judgment also reiterated adherence to government orders and circulars, warning that deviation could result in departmental and contempt proceedings.
The court concluded by granting the petitioners liberty to seek redressal through appropriate legal channels, reinforcing the role of civil courts in resolving property disputes and maintaining the sanctity of law and order.
Bottom Line:
Police authorities and Executive officers have no jurisdiction to interfere in civil disputes concerning title, possession, or boundaries of immovable property between private parties, except to maintain public peace and prevent law and order breaches as per the Bharatiya Nagarik Suraksha Sanhita, 2023.
Statutory provision(s): Article 226 of the Constitution of India, Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 107/116/145 of Cr.P.C.
Indra Pati v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2954616
