Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:33428
Court No. - 7 Case :- WRIT - C No. - 42153 of 2024 Petitioner :- Maya Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Raj Kumar Yadav,Salil Krishna Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. The petitioner has preferred the present petition with the following prayers:-
"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 2 and 3 to restrain the private respondent nos. 4 and 5 for making any interference over the Arazi No. 371 area from 0.354 to 0-1-0 (Vishwa) land situated at Mauja Deori, Tehsil Zamania, District Ghazipur. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.3 to decide the applications dated 02.02.2022 and 08.04.2023, expeditiously within stipulated period".
2. Learned Standing Counsel as well as learned counsel appearing on behalf of Gaon Sabha submit that if the petitioner is aggrieved against private individuals then the proper course open for her is to apply for common law remedy.
3. From perusal of the record, it is clear that the petitioner wants relief against the private individuals which cannot be granted under writ jurisdiction. Law in this connection is well settled that mandamus cannot be issued against the private individuals and the appropriate remedy lies under the common law.
4. In this view of the matter, the present petition is dismissed with the liberty to avail the common law remedy, if so advised. Order Date :- 7.3.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad