Constitution of India

2019 SCeJ 187

Constitution of India, Article 226, 227  - No writ petition can be entertained for issuance of any writ against any private individual in respect of any private property dispute . 

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Constitution of India, Article 226, 227  - No writ petition can be entertained for issuance of any writ against any private individual in respect of any private property dispute -  The remedy in such case lies in civil Courts - Dispute sought to be raised in the writ petition was essentially a private property dispute between the members of one family  - By indirect means such as the one resorted to by the writ petitioner by filing the writ petition, a dispute inter se private parties of the nature mentioned above could not be allowed to be raised in the writ petition under Article 226/227 of the Constitution for seeking issuance of mandamus against the State and its authorities in relation to the properties in question -  It is not in dispute that the appellant did not file the writ petition in his capacity as public­ spirited person, i.e., Public Interest Litigation (PIL),  it was, on the other hand, a writ petition was filed by the appellant essentially to settle his personal property rights disputes.