Can police interfere in a civil property dispute?
Can police interfere in a civil property dispute?
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Can police interfere in a civil property dispute?
Here’s what Allahabad High Court clarified in a recent ruling
The Allahabad High Court ruled that police cannot resolve civil property disputes and should only intervene to maintain public order. The court emphasised that ownership and possession issues must be settled in civil courts. Allahabad
Can police interfere in a civil property dispute? Allahabad High Court clarifies the law
In many civil property disputes. Parties approach the police claiming unlawful possession, trespass or obstruction, as they expect their issue to be resolved. The Allahabad High Court has made it clear that police authorities cannot step in to decide possession or ownership in such disputes.
The court recently said that police can intervene only to the limited extent necessary for maintaining public peace and preventing breach of law and order. It also clarified that any deviation from this law may invite departmental as well as contempt proceedings.
“Police authorities and Executive officers have no jurisdiction to adjudicate or interfere in civil disputes relating to title, possession, or boundaries of immovable property between private parties, except to the limited extent necessary for maintaining public peace and preventing breach of law and order, as provided under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS),” the court said.
What is the case?
The Allahabad High Court made the observation while disposing of a writ petition filed by an 85-year-old woman who alleged that police were repeatedly harassing her and siding with the private respondents in a family property dispute.
The petitioner approached the High Court under Article 226 of the Constitution and requested directions restraining the authorities from disturbing her possession. The Bench, however, noted that a civil suit concerning the same property was already pending before a competent civil court and held that issues of ownership and possession could not be decided in writ proceedings and declined to entertain the petition on those grounds.
The petitioner's counsel argued that, despite the dispute being purely civil, the police had “no business” siding with one of the parties and, in collusion with the private respondents, were creating hindrances to the legitimate construction being undertaken by the petitioner.
Addressing the broader legal issue, the court reiterated that disputes relating to title, possession, partition or property boundaries between private individuals are matters for civil courts and settled legal position on police and executive interference in private property disputes.
It said that police and revenue or executive authorities cannot act as adjudicatory bodies or assist one party in dispossessing the other without a specific order from a court of competent jurisdiction.
Deviation from law can lead to proceedings
Referring to several previous judgments on similar issues, government orders and the Uttar Pradesh DGP’s 2023 circular, the court reaffirmed that only civil courts can adjudicate private property disputes.
Against this backdrop, the Bench directed the police authorities to ensure that no party is allowed to take law into its own hands and to maintain peace without favouring any side in the civil dispute.
It also warned that police officers and executive authorities acting beyond their jurisdiction could face departmental or contempt proceedings. The writ petition was disposed of, with liberty granted to the petitioners to seek relief before the appropriate civil court.
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