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2026 DAILYLAW 2789 (ALL)

VIJAI SHANKAR YADAV v. STATE OF U.P. AND 4 OTHERS

WRIC/17727/2026 · 2026-05-05

Garima Prashad, Saral Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 17727 of 2026 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE GARIMA PRASHAD, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State. 2. The petitioner, by means of the present writ petition, has sought following relief; "a. Issue a writ, order or direction in nature of mandamus directing the respondent no.2 to consider the application dated 08.04.2026 filed by the petitioner and pass appropriate order within the time to be specified by this Hon'ble Court." 3. The grievance of the petitioner is that the respondent nos.4 and 5 are cutting the trees planted by the father of the petitioner on his ancestral property. 4. The dispute between the petitioner and the respondent nso.4 and 5 is purely a private dispute and involves disputed questions of fact, which can be adjudicated only on the basis of evidence, and extensive factual inquiries. Such disputed questions of fact cannot be decided under Article 226 of the Constitution of India. The petitioner and the respondent no. 4 are brothers and respondent no. 5 is the son of respondent no. 4. Further, no writ of mandamus can be issued against private individuals. It is also pertinent to note that the district authorities have no jurisdiction to interfere in a private dispute unless there is an imminent threat to law and order. Versus Counsel for Petitioner(s) : Anil Kumar Chaudhary, Kamlesh Singh Counsel for Respondent(s) : C.S.C. Vijai Shankar Yadav .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 5. In such view of the fact, we do not find any ground to interfere in the present writ petition. 6. Accordingly, the writ petition is dismissed with liberty to the petitioner to avail appropriate remedy available in law. May 6, 2026 Sachin Mishra WRIC No. 17727 of 2026 2 (Garima Prashad,J.) (Saral Srivastava,J.) Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad