Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 21086 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J.
HON'BLE AMITABH KUMAR RAI, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. The petitioner by means of this writ petition, has prayed for the following reliefs :- (i) Issue a writ, order or direction in the nature of mandamus directing to the respondents 1 set to take appropriate action against the respondents 2 set, who illegally raised construction over the petitioner land and restrained him to not dispossess the petitioner from his peaceful possession of the land.
(ii) It is further be prayed that this Hon'ble Court may be directing to the respondents 2 set to pass the appropriate order upon the application of petitioner after the considering the facts and circumstances of the case during the summer vacation or may pass such other suitable order or direction which is deem feet and proper in the fact and circumstances of the case of the petitioner during the pendency of the instant writ petition.
3. From the pleadings, it appears that the petitioner's grievance is primarily against private respondents no.8 and 9. Since the dispute arises out of alleged illegal construction by private parties, it is essentially a private civil dispute between the petitioner and respondent nos. 8 and 9, therefore, this Court cannot issue any direction under Article 226 of the Constitution of India.
4. The Court is of the considered view that since the dispute is purely civil in nature, involving disputed questions of fact, no relief, as prayed for, can be Versus Counsel for Petitioner(s) : Satish Mohan Tiwari Counsel for Respondent(s) : C.S.C. Arjun .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s)
granted in the present writ petition.
5. With the aforesaid observations, the writ petition is dismissed with liberty to the petitioner to avail appropriate legal remedy available under law. September 17, 2025 Gaurav WRIC No. 21086 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad