Allahabad High Court
REKHA DEVI AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
A writ petition is not maintainable where the grievance pertains solely to a private dispute.
Summary
The petitioners filed a writ petition seeking a mandamus directing Respondent No.3 to consider their grievance and pass an order on an application dated 15‑07‑2025. The grievance arose out of a dispute with a private individual, Respondent No.4. The State’s Standing Counsel raised a preliminary objection that the writ petition was not maintainable because it concerned a private dispute. The Court held that it could not interfere in a matter that is purely a private dispute and therefore declined to issue any writ. Consequently, the petition was disposed, with liberty to the petitioners to seek relief under the Uttar Pradesh Revenue Code, 2006.
Issues considered
- Whether a writ petition under Article 226 is maintainable when the grievance pertains solely to a private dispute
- Whether the Court can direct a government official to consider a grievance arising from a private dispute
Legislation cited
Subjects
- writ petition
- mandamus
- maintainability
- private dispute
- U.P. Revenue Code
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17305 of 2026
Rekha Devi And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sunil Kumar Yadav, Vishal
Vishwakarma
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioners, learned Standing Counsel for
the State and perused the record.
2. The instant writ petition has been filed for following relief:
"Issue a writ order or direction in the nature of mandamus directing the
respondent No. 3 to consider grievance of the petitioner and pass legal
and speaking order on the application dated 15.07.2025
expeditiouslywithin the period stipulated by this Hon'ble Court."
3. From the perusal of the application as well as averments made in this writ
petition, it appears that petitioners have dispute with a private
person/respondent no. 4.
4. Learned Standing Counsel raised a preliminary objection that such a writ
petition is not maintainable for a private dispute.
5. In view of the above, I am not inclined to interfere in the matter.
6. Accordingly, the petition is disposed of with liberty to the petitioners to
seek relief as available to them under provisions of U.P. Revenue Code,
2006.
(Manish Kumar Nigam,J.)
May 5, 2026
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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