Allahabad High Court
SITA JAISWALversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The Court held that the Gram Pradhan had no statutory authority to restrain the petitioner, and the dispute was a private matter not warranting writ intervention.
Summary
Petitioner Sita Jaiswal filed a writ petition seeking mandamus to restrain the Gram Pradhan of Harishankarpur and his associates from interfering with her construction on a parcel of land. She also requested the authorities to consider her claim filed on 16.02.2026. The High Court directed the respondent's counsel to clarify under what authority the Gram Pradhan was restraining the petitioner. The respondent's counsel submitted that the matter was a private dispute and the Gram Pradhan was not interfering with the petitioner’s possession or construction. Accepting this submission, the Court found no basis for further intervention and disposed of the writ petition, indicating that any future obstruction could be remedied through appropriate legal means.
Issues considered
- What is the appropriate jurisdiction of the High Court to issue a writ of mandamus in a private land dispute involving a Gram Pradhan?
- Whether the Gram Pradhan has any statutory authority to restrain the petitioner’s construction activities on her land.
Subjects
- writ petition
- mandamus
- private dispute
- Gram Panchayat
- construction
- land
- restraining order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 11904 of 2026
Sita Jaiswal
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Prashant Kumar Pandey
Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C.
Court No. - 40
HON'BLE SARAL SRIVASTAVA, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for
the State and Sri Bhupendra Kumar Tripathi, learned counsel for the
respondent No.5/Gram Pradhan.
2. Petitioner by means of the present writ petition has prayed for the
following reliefs:
"(i) Issue a writ, order or direction in the nature of mandamus directing
the Respondent nos. 2, 3 & 4 to restrain the respondent no. 5, Gram
Pradhan of Gram Panchayat -Harishankarpur and his associates in any
manner interference in the construction of petitioner over the land gata
no.250/7 area 0.0650 hectare situated at Mauja-Harishankarpur, Pargana-
Ralhupur, Tehsil- Pt. Deen Dayal Upadhyay Nagar, District-Chandauli,
so that justice may be done.
(ii) Issue a writ, order or direction in the nature of mandamus directing
the Respondent no. 2 & 3 to consider and decide the claim of petitioner
contained in representation dated 16.02.2026 for being restrained the
respondent no. 5, Gram Pradhan of Gram Panchayat - Harishankarpur and
his associates in any manner interference in the Construction of petitioner
over the land gata no.250/7 area 0.0650 hectare situated at Mauja-
Harishankarpur, Pargana-Ralhupur, Tehsil- Pt. Deen Dayal Upadhyay
Nagar, District-Chandauli, so that justice may be done."
3. On 6.4.2026, this Court passed the following order:
WRIC No. 11904 of 2026
2
"1. Sri Pradeep Singh, Advocate holding brief of Sri Bhupendra Kumar
Tripathi, learned counsel for the respondents is directed to seek
instructions in the matter and apprise the Court as to under what authority,
the Gram Pradhan is restraining the petitioner from raising construction
over her land.
2. Put up as fresh on 07.05.2026."
4. Sri Tripathi, learned counsel for the Gram Pradhan, on instructions,
states that the dispute is essentially a private dispute and the Gram
Pradhan is neither interfering with the possession of the petitioner nor
restraining her from raising any construction.
5. In view of the submissions made by the learned counsel for the Gram
Pradhan, no further order is required to be passed.
6. The writ petition is disposed of.
7. In case, the Gram Pradhan creates any obstruction in future in raising
the construction by petitioner, she may seek appropriate remedy available
in law.
(Garima Prashad,J.) (Saral Srivastava,J.)
May 7, 2026
Kuldeep
Digitally signed by :-
KULDEEP SINGH
High Court of Judicature at Allahabad
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