Land Law – Private property – Role of Revenue and Police authorities – No eviction without civil court decree Once it is admitted that land is private land, neither Revenue Authorities nor Police Authorities can dispossess or evict any person from such land except on the strength of an appropriate judgment or decree of the Civil Court. Any relief as against alleged interference in respect of private land has to be sought by way of civil proceedings, including execution of existing decrees or fresh suits, as advised. (Paras 9–10)

A. Constitution of India – Art. 226 – Writ jurisdiction – Private land disputes – Title and possession – Proper forum

In a dispute concerning private land (Ac.3.59 cents in Sy.No.473, Appasamudram Village), held, questions as to who has title and who is in possession are essentially matters for civil court adjudication.
High Court, in exercise of judicial review under Art. 226, ought not to undertake a detailed enquiry into title or factual possession in such private land disputes.
(Paras 8–10)

B. Land Law – Private property – Role of Revenue and Police authorities – No eviction without civil court decree

Once it is admitted that land is private land, neither Revenue Authorities nor Police Authorities can dispossess or evict any person from such land except on the strength of an appropriate judgment or decree of the Civil Court.
Any relief as against alleged interference in respect of private land has to be sought by way of civil proceedings, including execution of existing decrees or fresh suits, as advised.
(Paras 9–10)

C. Precedential value – Finding of possession in writ proceedings – Direction that it not be relied upon in subsequent civil litigation

Single Judge, while allowing the writ petition, recorded a finding that the writ petitioner (1st respondent herein) was in possession and enjoyment of the property. In writ appeal by the private respondents (R-6 to R-11 in the writ petition), Division Bench, while declining to go into merits of title/possession, held that such finding, being beyond the proper scope of Art. 226 in a private land dispute, shall not be taken into account in any proper civil litigation (including execution or fresh suits) that may be initiated by either side.
(Paras 5–6, 8, 11)

D. Result – Writ appeal

Writ appeal disposed of, clarifying that:
(i) disputes over title and possession be worked out before civil courts;
(ii) Revenue/Police cannot evict anyone from the private land without support of civil court decree; and
(iii) the Single Judge’s finding on possession/enjoyment of the 1st respondent shall not be relied upon in future civil proceedings. No order as to costs.
(Paras 10–12)

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