Published on: 10 August 2023 at 10:55 IST
Court: High Court of Madhya Pradesh
Citation: Laxmi Devi V. State of M.P. (2019) SCC
Honourable High Court of Madhya Pradesh has held that if the act is done by the Public Servant in personal capacity then such acts are not amenable to the Writ Jurisdiction. It is made absolute that the acts done by the Public Servants in personal capacity are subject the jurisdiction of Civil Courts and not the Constitutional Courts under the Writ Jurisdiction.
4. It is incorrect to say that the right to hold a property is the fundamental right. Further, this petition has been filed primarily against respondent no. 6 in his individual personal capacity and not against any act done by him in the capacity of Additional Director General of Police.
5. It is also submitted by the counsel for the petitioners that respondent no. 6 had also encroached upon some other plots and accordingly, the husband of the petitioner no. 2 has filed a civil suit for declaration of title and permanent injunctions and by order dated 30/6/2014 passed in Civil Suit No. 9-A/2013 the respondent no. 6 was restrained from interfering with the possession, however, still the respondent no. 6 has dispossessed the husband of the petitioner no. 2, therefore the suit would not be an efficacious remedy. However, the counsel for the petitioners fairly conceded that the husband of the petitioner no. 2 has not filed an application under Order XXXIX Rule 2-A of CPC. Furthermore, there is no averment in the petition that the order dated 30/6/2014 passed in Civil Suit No. 9-A/2013 by Fourth Civil Judge, Class-II, Gwalior has attained finality or there is no stay order.
6. It is well established principle of law that the writ petition against a private individual is not maintainable. If the petitioner is of the view that the respondent no. 6 is illegally trying to encroach upon the land or has illegally taken possession of the said land, then they have an efficacious remedy of filing a Civil Suit.
Drafted By Abhijit Mishra