Family Dispute Not Grounds for Writ Jurisdiction”: High Court Dismisses Retired Air Commodore’s Plea Against MP Brother

In a significant ruling, the High Court of Judicature at Patna has dismissed a writ application filed by a retired Air Commodore, who alleged misuse of CRPF personnel by his brother, a sitting Member of Parliament, in a family property dispute. Honourable Mr. Justice Anil Kumar Sinha declared, “the petitioner has not been able to make out a case for grant of reliefs, claimed by him, requiring interference by this Court in its extraordinary writ jurisdiction.”

The case centered on the petitioner's claim that he was wrongfully denied access to his ancestral home by CRPF personnel acting under the directions of his brother, respondent no. 7. The petitioner sought the court’s intervention, asserting a violation of his fundamental rights under Articles 19 and 21 of the Constitution.

In response to the dismissal, the court underscored the existence of alternative civil remedies for property disputes. Justice Sinha noted, “the High Court cannot allow the constitutional jurisdiction to be used for deciding disputes, for which remedies, under the general law, civil or criminal, are available.” The judgment emphasizes that while the High Court’s jurisdiction is wide, it is not an alternative for relief obtainable through a suit or other statutory provisions.

The court further observed that the alleged Interference by CRPF personnel did not constitute a violation of the petitioner’s fundamental rights, stating, “dignity of the petitioner has not been violated/interfered with and/or tarnished either by the CRPF personnel deployed at the residence of respondent no. 7 at Amnour or by respondent no. 7 himself.”

This decision reaffirms the principle that writ jurisdiction is not the appropriate forum for resolving private property disputes that are adequately addressed by civil law procedures. The court’s findings have profound implications for the jurisprudence of property rights and the scope of writ jurisdiction in the context of familial property disputes.

Date of Decision: 03-11-2023

AIR COMMODORE RANDHIR PRATAP VS THE UNION OF INDIA