Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 26189 (ALL)

GYAN CHANDRA YADAV v. STATE OF U.P. AND 3 OTHERS

WRIC/6583/2025 · 2025-03-11

Prakash Padia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:36826 Court No. - 7 Case :- WRIT - C No. - 6583 of 2025 Petitioner :- Gyan Chandra Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Aditya Vikram,Mohd Shamshad Khan Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Prakash Padia,J. 1. The petitioner has preferred present petition inter-alia with the following prayer :- "a) issue a Writ, Order or direction in the nature of mandamus commanding and directing direct to the respondent no. 2 to remove illegal possession by respondent no. 3 from Gata No. 1517 area 0.0120 sq. mtr. and to handover the possession in favour of the petitioner of the aforesaid land situated at Village- Dhamaur, Pargana Sikandara, Tehsil-Phoolpur, District-Prayagraj, (Annexure No. 4 to this Writ Petition). " 2. Today when the matter is taken up, a preliminary objection has been raised by learned Standing Counsel that the petitioner sought the relief against the respondent No.3-Prem Chandra Yadav, who is a private respondent and the writ petition is not maintainable against the private persons and if the petitioner is aggrieved with the act of private individuals, he has common law remedy for redressal of his grievances. 3. Heard learned counsel for the parties and perused the record. 4. 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. 5. 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 :- 12.3.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad