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2026 DAILYLAW 7149 (ALL)

JITENDRA NAGAR v. THE STATE OF U.P. AND 5 OTHERS

WRIC/37327/2026 · 2026-09-15

Indrajeet Shukla, J J Munir

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 37327 of 2026 Court No. - 2 HON'BLE J.J. MUNIR, J. HON'BLE INDRAJEET SHUKLA, J. The relief that the petitioner seeks is a command to respondent nos.2 to 5, who are authorities of the State to take appropriate action upon an application dated 02.04.2026 along with another dated 27.07.2026 moved by the petitioner against respondent no.6, who has trespassed into the petitioner's house without entitlement. The cause of action, which the petitioner has brought-forward is a cause of action camouflaged as one under the public law. It is a simple case of trespass where the petitioner's remedy is to bring an action before the Court of ordinary original civil jurisdiction to recover possession, may be on the basis of title or possessory title or a summary suit. There is absolutely nothing in the nature of a public law remedy that the petitioner may seek in the manner he has done. This petition is, therefore, dismissed. It is clarified that anything said in this order will not prejudice the petitioner's right to institute a suit for the relief that he seeks against the 6th respondent before the Civil Court. September 16, 2026 S.P. Versus Counsel for Petitioner(s) : Bipin, Mithilesh Yadav Counsel for Respondent(s) : C.S.C. (Indrajeet Shukla,J.) (J.J. Munir,J.) Jitendra Nagar .....Petitioner(s) The State Of U.P. And 5 Others .....Respondent(s) Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad