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2026 DAILYLAW 2930 (ALL)

BHOLANATH JAISWAL AND ANOTHER v. CHIEF BRANCH MANAGER AND ANOTHER

WRIC/17659/2026 · 2026-05-05

Garima Prashad, Saral Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 17659 of 2026 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE GARIMA PRASHAD, J. 1. Heard learned counsel for the petitioner. 2. The petitioner by means of the present writ petition has prayed for the following relief:- "(i) Issue a writ, order or direction in the nature of Mandamus directing the respondent no.2 Bank to vacate the petitioners' property forthwith. (ii). Issue a writ, order or direction in the nature of Mandamus directing the respondent no.2 to decide the representation of the petitioners dated 09.01.2026 (Annexure No.2 to the writ petition), within the time stipulated by this Hon'ble Court. (iii). issue any other suitable writ order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (iv) award costs of this petition in favour of the petitioners." 3. It is stated that the respondent Bank is tenant on a portion of the petitioner's property situated at Village-Kachnar, Police Station Raja Talab, District Varansi for running its Branch. The petitioner has submitted representation to the authority concerned for vacating the premises in question, and in the aforesaid backdrop, the petitioner has prayed for the aforesaid relief. Versus Counsel for Petitioner(s) : Akhilesh Kumar Tiwari, Kaushal Kant Dubey, Shri Nath Mishra Counsel for Respondent(s) : Bholanath Jaiswal And Another .....Petitioner(s) Chief Branch Manager And Another .....Respondent(s) 4. In our opinion, the writ petition is not the proper remedy as the petitioner has to institute a suit for eviction against the respondent Bank before the appropriate forum. 5. In such view of the fact, writ petition is not maintainable. Consequently, the writ petition is dismissed with the aforesaid liberty. May 6, 2026 NS WRIC No. 17659 of 2026 2 (Garima Prashad,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad