Case BriefsHigh Courts

Kerala High Court: N. Nagaresh, J. disposed of a writ petition seeking to recover the amount due to be received from the properties auctioned.

In the present case, the petitioners 1 and 2 were subscribers to a Chitty and in order to invest in their business, they participated in various auctions. Properties were purchased in installments, however, repayment of the installments defaulted. The 2nd Respondent initiated action against the petitioners under the Revenue Recovery Act.

The counsel representing the petitioners, Sakir K.H had submitted that the amount sought to be recovered from the properties would fetch more than the amount due to the 1st respondent and if auction of the entire properties are conducted in pursuance of revenue recovery proceedings, it would put the petitioners in a position of irrecoverable loss and injury. The counsel expressed the petitioner’s willingness to discharge their liabilities provided the installment facilities are given to them for remitting their dues.

The standing counsel for the respondents, Anil Kumar submitted the amount that would cover the arrears.

High Court upon perusal of the facts and circumstances disposed the writ petition and permitted to remit the arrears towards the chitties and the loan in twenty equal monthly installments. The Court also directed that upon two payment defaults the respondents will be at liberty to proceed against the petitioners.[Prakasan C.K v. Kerala State Financial Enterprises Ltd., 2019 SCC OnLine Ker 2931, decided on 17-09-2019]

Case BriefsHigh Courts

Jammu & Kashmir High Court: A Single Judge Bench of Dhiraj Singh Thakur, J., dismissed a writ petition filed against the actions of private respondents 6 to 13, whereby respondents were interfering with the property owned by the petitioner.

The main issue that arose before the Court was whether the writ petition filed by the petitioner was maintainable.

The Court observed that in the Supreme Court judgment of Mohan Pandey v. Usha Rani Rajgaria, (1992) 4 SCC 61, it was held that a regular suit is the appropriate remedy for settlement of disputes relating to property rights between private persons and that the remedy under Article 226 of the Constitution of India shall not be available except where violation of some statutory duty on the part of a statutory authority is alleged. In such a case, the court will issue appropriate direction to the authority concerned. It is not intended to replace the ordinary remedies by way of a suit or application available to a litigant. The jurisdiction is special and extra-ordinary and should not be exercised casually or lightly.

The Court held that in the instant matter, the dispute between the parties was a property dispute which could be well resolved by filing a suit before the appropriate court. Further, the parties involved in the matter were private parties and not statutory authorities. The Court refused to interfere in the matter and the writ petition was dismissed.[Kuldeep Singh v. State of J&K,2018 SCC OnLine J&K 806, order dated 03-11-2018]