Case BriefsHigh Courts

Punjab and Haryana High Court: A petition was filed before a Single Judge Bench of Tejinder Singh Dhindsa, J. wherein extraordinary jurisdiction of the High Court was invoked.

Petitioner had invoked the extraordinary writ jurisdiction of the High Court in order to seek issuance of directions to respondent not to forcibly and illegally interfere with the peaceful possession of the land. The land was alleged to be under the ownership of the petitioner. Petitioner, in addition to the above, sought directions praying for restraining the respondent from making changes in the revenue record and to restore possession of 2 marlas of land. Whereas the respondent submitted that the civil proceedings that had already initiated were in respect of the same land which the petitioner seeks directions for in this writ petition.

The High Court after perusing the submissions of both the parties observed that the petitioner himself brought to notice of the Court that a suit had been instituted praying for permanent injunction in respect of the land restraining gram panchayat and others from digging in the land and to change the nature of the agricultural land. Therefore, the Court refused to interfere in the instant writ petition. [Harbhajan Singh v. State of Punjab,2018 SCC OnLine P&H 1693, dated 02-11-2018]

Case BriefsHigh Courts

High Court of Judicature at Madras: The Single Judge Bench of K. Ravichandrabaabu J., recently addressed a writ petition filed under Article 226 of the Constitution, which sought to direct the respondent to dispose of his representation wherein the petitioner had objected to register any document in connection to the subject-matter property.

The Court held that since the petitioner himself had admitted that 3 suits were pending in respect of the subject-matter properties between the parties, it is upon the petitioner to work out his remedy in the civil proceedings by filing interim applications, if he has any cause of action to receive interim relief. The Court observed that the petitioner had parallely proceeded with a complaint before the first respondent and also filed a writ petition seeking for its disposal. The Court was of the view that the petitioner could not do so without pursuing remedy before the Civil Court and hence, the writ petition would not be entertained. [G. Rohit v. Inspector General of Registration, 2018 SCC OnLine Mad 716, order dated 13.3.2018]