The Allahabad High Court, while dismissing a petition seeking recovery of possession observed that there is fear in the District Judiciary in deciding cases as it may lead to administrative complaints and subsequent transfers and it is difficult for a Judge in the Civil Court to exercise his jurisdiction freely, if he constantly works not just aware of the professional routine of having his orders overturned by a superior Court, but the personal peril of harm to his career, if he were to pass orders of effective consequence which his conscience says he must.
Brief Facts:
The petitioner filed the present petition seeking a direction to the respondent authorities to recover possession of the property, alleging that the respondents stopped her from taking possession of the land which was registered in her name.
Observations of the court:
The court observed that a wholesome reading of the petitioner's cause set out in the writ petition shows a progressively eroding faith of citizens in the Judge of the district exercising civil jurisdiction and further the petitioner's case before the Court is nothing more than a cause of action for a suit to recover possession and a permanent prohibitory injunction. Instead of instituting a suit before the Court of ordinary original civil jurisdiction where the property is situated, the petitioner has approached every possible authority, who has nothing to do with the matter to seek relief, including invoking our jurisdiction.
Further, the court stated that recovery of possession of immovable property can be done by the Judge exercising ordinary original civil jurisdiction and nobody else and there is a determined reluctance, a kind of annoyance and contempt in the minds of citizens towards the jurisdiction of the ordinary Civil Courts and part of it is based on pessimism and cynicism that no relief can be had from the Court of civil jurisdiction.
Further, it was stated that a relief which can be granted by the Court of civil jurisdiction ought to be granted by it and the jurisdiction of the Civil Court is of the widest amplitude and nobody else ought to trench upon it merely because a citizen finds it inconvenient is no answer to take resort to other proceedings and it is also not open to a citizen to express his indignation towards the process of the civil law by approaching other irrelevant and incompetent for a.
Further, the court observed that the Court must remark that though this kind of attitude of citizens showing indignation to the Civil Court's jurisdiction has no place in the law and cannot be accepted, however strong the sentiment may be, it is equally true that the process of the Civil Court has become lethargic due to some factors that are seminal. Often Judges in the District Courts, who move to pass decisive orders granting well-deserved relief to one party or refusing it, face the peril of complaints made against them on the administrative side of the Court. They also face transfer applications on hideous and absurd allegations of bias, without the slightest fear in the minds of those who make them about consequences. It is difficult for a Judge in the Civil Court to exercise his jurisdiction freely, if he constantly works not just aware of the professional routine of having his orders overturned by a superior Court, but the personal peril of harm to his career, if he were to pass orders of effective consequence which his conscience says he must.
The decision of the Court:
The court concluded that it cannot usurp the jurisdiction of the Civil Court merely because the petitioner has chosen not to resort to it, for a substantial part on account of her indignation or wrong legal advice, and in some measure, on account of genuine difficulties that the course of a litigation in the Civil Court is hedged with and dismissed it.
Case Title: Maya Devi vs State of U.P and Ors.
Coram: Hon’ble Mr. Justice J.J. Munir
Case No.: WRIT - C No. - 10451 of 2024
Advocate for the Petitioner: Om Shiv, Yogendra Singh Kushwaha
Advocate for the Respondent: C.S.C.
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