Abhay Carriers Private Limited vs State Of Jharkhand

Rajesh Kumar, J

The present writ petition has been filed for following reliefs:-

“i. For the issuance of appropriate writ/ writ(s)/order/order(s)/direction/direction(s) to respondents authority to immediately remove the illegally constructed boundary wall constructed by the respondent no.5 and 6 closing the main gate of the warehouse, constructed by the petitioner on the 10 decimals of land out of 50 decimal of R.S Plot no. 1546 under  khata  no.136 at  Mauza: Baram,  P.S:  Tatisilwai,  District: Ranchi, leased out by the respondent no.5;

ii. For the issuance of appropriate writ/ writ(s)/order/order(s)/direction/direction(s) in nature of the mandamus  commanding  upon  the  authorities  of the  respondent State to further restrain the private respondent, their agents or any person acting on their behalf from interfering the lawful possession, access or enjoyment of the leased premises.

iii. Further pleased to issue show cause upon the respondent no.5 and 6 under what authority  of law the peaceful  and lawful possession  of  the  petitioner  has  been  disturbed  by  constructing the boundary wall on the main gate of the warehouse of the petitioner resulting in complete obstruction in inward and outward  movement  of  the  vehicle  causing  adverse  effect  to  the business  of  the  petitioner  as  same  is  also  against  the  terms  and condition of the registered lease deed executed between petitioner and respondent no.5 for the same property.

iv. To further be pleased to declare  the respondent no.5 and 6 action in constructing the boundary wall and blocking access to the leased property is illegal, arbitrary and in violation of the terms  of registered leased deed as well as Article 14, 19(1) and 300 A of the Constitution of India.”

Although the case suffers from certain defects, it appears that the main grievance of the petitioner is against the private respondents, who are alleged to have obstructed the petitioner’s right to way. The dispute is essentially civil in nature and can be adjudicated only in appropriate proceedings before the competent  Civil Court or in accordance with the  provisions of the Code of Criminal Procedure. The police cannot directly interfere in a civil dispute between the parties.

In view of the aforesaid facts and circumstances, I do not find any reason to entertain the present writ petition. Accordingly, the writ petition is disposed of giving liberty to the petitioner to work out his remedy in accordance with law.

Pending I.A., if any, also stands disposed of.