Disputed possession claims must be determined by the civil court, not revenue authorities.

The petitioner challenged the Deputy Commissioner’s order dated 13 December 2023 in R.P. No. 69/2022.

He relied on a civil court judgment and decree dated 13 April 1970, confirmed in RFA No. 47/1970 on 19 July 1973, and sought entry of his name in the revenue records, asserting possession of the land.

The decree provided for nomination of a committee of five trustees, an exercise which, according to the writ papers, had not been completed.

The petitioner had also filed O.S. No. 529/2022 before the competent civil court, where the proceedings remained pending.

1. Whether the petitioner could obtain entry of his name in the revenue records on the basis of the 1970 decree and his asserted possession of the land.

2. Whether the High Court should determine the petitioner’s possession in writ proceedings when possession was disputed and a civil suit concerning the matter was pending.

The Court considered its jurisdiction under Articles 226 and 227 of the Constitution of India.

It reasoned that a disputed question of possession, particularly one requiring assessment of possession over the period following a decades-old decree, was to be decided by the competent Civil Court rather than the revenue authorities in the proceedings before it.

The civil decree’s direction concerning a committee of five trustees was noted, but the Court did not treat it as establishing the petitioner’s present possession.

No statute or precedent was cited.

Although the 1970 decree, as confirmed on appeal, supported the petitioner’s submission that a trustees’ committee was to be constituted, it did not enable the revenue authorities or the High Court to determine that he remained in possession of the land after five decades.

Because present possession was disputed and O.S. No. 529/2022 was pending before the Civil Court, the Court left that question to be resolved in the civil proceedings.

It left the petitioner at liberty to approach the revenue authorities after conclusion of O.S. No. 529/2022; pending applications, if any, were also disposed of.