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2025 DAILYLAW 81484 (ALL)

PRAVEEN KUMAR SRIVASTAVA v. STATE OF UTTAR PRADESH AND 7 OTHERS

WRIC/25688/2025 · 2025-08-03

Mahesh Chandra Tripathi, Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130294-DB Court No. - 29 Case :- WRIT - C No. - 25688 of 2025 Petitioner :- Praveen Kumar Srivastava Respondent :- State Of Uttar Pradesh And 7 Others Counsel for Petitioner :- Dinesh Kumar Tripathi Counsel for Respondent :- C.S.C.,Manoj Kumar Singh,Pawan Kumar Singh Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents, Mr. Awadhesh Narayan Dubey, learned counsel for the respondent Nos.3 & 6 and perused the material brought on the record. 2. By means of the instant petition, the petitioner has prayed for following principal reliefs:- 4. At the very outset, learned Standing Counsel raised a preliminary objection regarding the maintainability of the instant petition by submitting that highly disputed facts are being pressed in the writ petition and in case petitioner is aggrieved with the intervention in his property, either by private party or even the State, he has got the efficacious remedy to approach to the competent civil or revenue Court. The said disputed facts cannot be adjudicated under Article 226 of the Constitution of India. 5. Once an objection is raised, we find that the core issue is as to whether in such facts, the writ petition is maintainable for enforcement of such disputed rights, which are claimed against the private individuals or even against the State. 6. Normally, the settlement of dispute relating to property rights between the private persons or even against the State, the Same cannot be adjudicated or pressed under Article 226 of the Constitution of India. The High Court cannot allow the constitutional jurisdiction to be used for deciding disputes for which remedies, under general law, civil or criminal, are available. The jurisdiction under Article 226 of Constitution of India is special and extraordinary and should not be exercised casually or lightly. 7. Considering the facts and circumstances of the case, we are not inclined to adjudicate the matter. Needless to say, it is open to the petitioner to press the relief before the Competent Civil/Revenue Court. 8. With the aforesaid direction/observation, the writ petition stands disposed of. Order Date :- 4.8.2025 Sachin Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad