2012 (1) AIR Kar R 444

Karnataka High Court

Hon'ble Judge(s): D. V. Shylendra Kumar , J

( A ) Constitution of India Art. 226 , 227 — Writ petition seeking relief relating to civil right in respect of property — Not maintainable.Writ jurisdiction is not exercised for declaring private rights in properties in favour of individuals or private persons, but is essentially a jurisdiction for judicial review of administrative and legislative action. It is not meant for declarations in favour of private persons or citizens in respect of their rights in properties etc. More so, when a declaration of the title involves examination of contentions to be urged by parties against whom a declaration is sought for and which are contentious. It is neither prudent nor practical for the writ Court to examine such aspects apart from the constitutional impropriety of the writ Court granting relief for declaring property rights in favour of individual persons in writ jurisdiction especially when writ petition is also hit by laches being in respect of a stale cause. (Paras2021and22)