Writ Court Not the Appropriate Forum for Title Adjudication: Delhi High Court Dismisses Writ Petition in Property Dispute

In a significant ruling, the Delhi High Court, presided over by Hon’ble Justice Subramonium Prasad, dismissed a writ petition involving a land dispute, reiterating the principle that writ courts are not the appropriate forums for deciding property titles and possession issues.

The case, titled Rajesh Sharma vs.”Govt. Boys Sr. Sec. School No. 2, Janakpuri, involved a petitioner seeking the restoration of a plot in Janakpuri, Delhi, following his acquittal in a related criminal case. The petitioner, represented by Mr. Anil Kumar Aggarwal, advocated for the return of the land, which he claimed was wrongfully merged with the respondent school’s property.

In its judgment dated November 20, 2023, the court observed, “The present Writ Petition is nothing but a suit for declaration of title and possession. Writ Court is not the proper forum for deciding the title.” This statement underscored the court’s position on the limitations of writ jurisdiction in property disputes.

The court further referenced sever”l Apex Court judgments to support its decision, highlighting that “serious questions about title and possession of land cannot be dealt with by writ court,” as established in previous landmark rulings. These references were crucial in affirming the court’s stance that property disputes between private parties should ideally be resolved through regular suits.

In dismissing the petition, the court clarified that it made no observations on the merits of the case or the ownership of the disputed plot. The petitioner was advised to establish title and seek possession through a regular suit.

Date of Decision: 20 November, 2023

RAJESH SHARMA  VS GOVT. BOYS SR. SEC. SCHOOL