1 IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8930 of 2008 MADAN PRASAD GUPTA Versus THE PUNJAB NATIONAL BANK &ORS ----------- 04 10.07.2008 By this writ petition, petitioner’s primary grievance is against order dated 26.03.2008, passed in CWJC No. 1129 of 2008. The petitioner’s grievance is that though he was the landlords of the premises, in which premises goods were kept and was subject matter of CWJC No. 1129 of 2008, and which premises had been rented out by the landlord, he was not made a party to the writ petition and orders passed in relation to the possession of premises passed behind his back. He wants the order to be vacated as it is likely to prejudice him in other legal proceedings, which he contemplates to bring for recovery of possession. This Court has serious doubt whether the writ petition itself is maintainable and whether the writ petition has locus standi in matter. The dispute in the earlier writ was not with regard to either title, possession or ownership of the premises nor any relief was sought in that 2 relation. Thus, any observation/orders passed by this Court in that writ petition for restoring possession to one party or the other does not and cannot create any right to any party which right that party did not otherwise have. The question of legality or otherwise of the possession or the user are matters which can, in dispute, be only decided by a competent Civil Court in a proceeding duly instituted and not by this Court in writ jurisdiction. This Court lacks the jurisdiction to decide issues of title and possession in these summary proceedings. I once again clarify that observations as made in other proceedings are not to be inferred, conferring or as recognizing any person’s title or right. They would depend on the facts to be pleaded and found by a competent Civil Court. I thus find the writ petition not maintainable and with the aforesaid observations the writ petition is dismissed. Let a copy of this order be given to learned counsel for the respondent-bank. Trivedi/ (Navaniti Prasad Singh,J.)