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, according to a Livelaw report.
“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.
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.
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.(With inputs from Livelaw)
Eshita Gain is a digital journalist at Mint, where she joined in May 2025. She writes on corporate developments, personal finance, markets, and business trends, with a focus on delivering timely and relevant stories to a broad audience.
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While her core beat lies in business and finance, she is not confined to a single niche and frequently explores stories across domains, including international relations and policy developments.
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She holds a postgraduate diploma in business and financial journalism by Bloomberg from the Asian College of Journalism (ACJ), Chennai. During her time there, she received rigorous training in tracking financial data, interpreting corporate filings, and reporting on business developments. She has pursued her graduation from St. Joseph’s University, Bengaluru in a multi-disciplinary course. Her majors included Journalism, International Relations, peace and conflict studies.
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Eshita has previously worked in digital marketing, which enables her to write SEO friendly copies that are clear and engaging.
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Her primary interest lies in breaking down complex subjects and writing clear, accessible copies that inform readers. She aims to bridge the gap between technical financial language and everyday understanding.
Outside the newsroom, Eshita enjoys reading non-fiction, and exploring new places, constantly seeking fresh perspectives and stories beyond headlines.
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