Unsupported allegations of police interference do not warrant writ protection in a pending land dispute.

The petitioners sought a writ directing police authorities not to dispossess them from land in Survey No. 85/2B, Agarkhed, and to provide protection against private persons allegedly attempting to dispossess them

The petitioners stated that their partition suit, O.S. No. 173/2022, was pending and that the Civil Court had granted an interim injunction protecting their possession.

A defendant in that suit had also filed O.S. No. 321/2022, which remained pending

The petitioners alleged police interference but produced no supporting material; the State submitted that the authorities had not interfered in the parties’ private dispute

Article 226 of the Constitution was invoked for the requested writ relief

The Court also noted that the petitioners’ possession and the parties’ competing rights were matters being addressed in pending civil suits, including under an interim injunction granted by the Trial Court under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908

The Court’s decision rested on the absence of material supporting the allegation of official interference and on the pending civil proceedings concerning the parties’ rights

Although the petitioners alleged that police authorities were attempting to dispossess them, the Court found that they had produced no material to substantiate that allegation

The State, on instructions, stated that the authorities had not interfered and would abide by the Civil Court’s decision

Because the parties’ rights were already before the competent Civil Court, the Court concluded that no direction was warranted in the writ petition

It clarified that disposal of the petition would not prevent the Civil Court from deciding the pending suits on their merits