Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 4306 (ALL)

Chanda Devi v. State Of U. P.

2026-02-12

Prakash Padia

body2026
JUDGMENT : PRAKASH PADIA, J. 1. The petitioner has preferred the present writ petition inter-alia with the prayer to direct the respondents specially Respondent Nos.2, 3 & 4 to demarcate and remove the encroachment made by the Respondent No.5 over the and in dispute, arazi no.640/0.025 hectares situated in village Kalyanpur, Police Station Jafrabad, Pargana Jafrabad Tehsil Sadar, District Jaunpur within stipulated period. 2. Learned Standing Counsel as well as learned counsel appearing on behalf of Gaon Sabha submit that if the petitioner is aggrieved against private individuals then the proper course open for him is to apply for common law remedy. 3. 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. 4. In this view of the matter, the present petition is dismissed with the liberty to avail the common law remedy, if so advised.