Allahabad High Court

SMT. SHANTI DEVI AND 3 OTHERSversusSTATE OF U.P. AND 8 OTHERS

Decided: 4 May 2026
Bench: MANISH KUMAR NIGAM

Holding

The writ petition is not maintainable as it concerns a private dispute and a pending suit, and is therefore dismissed.

Summary

Petitioners Smt. Shanti Devi and others filed a writ petition seeking a mandamus directing the State authorities to act against a private respondent and to consider a representation dated 15-04-2026, also requesting protection from harassment. The State's standing counsel objected, contending that the petition pertained to a private dispute and that a civil suit was already pending between the parties. The Court examined the representation and the pleadings and concluded that the writ jurisdiction does not extend to adjudicating private disputes where a regular suit is pending. Consequently, the Court declined to interfere and dismissed the writ petition. The petitioners were permitted to approach the appropriate forum where the suit is pending for relief.

Issues considered

Whether a writ petition under Article 226 is maintainable for a private dispute between parties.
Whether the existence of a pending civil suit bars the filing of a writ petition seeking mandamus.

Subjects

writ jurisdiction
private dispute
mandamus
maintainability
pending suit
High Court of Allahabad

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD
                    WRIT - C No. - 17336 of 2026



Smt. Shanti Devi And 3 Others
                                                        .....Petitioner(s)
                                 Versus

State Of U.P. And 8 Others
                                                        .....Respondent(s)

Counsel for Petitioner(s)             : Awadhesh Kumar Sharma
Counsel for Respondent(s)             : C.S.C.

Court No. - 36


          HON'BLE MANISH KUMAR NIGAM, J.

1. Heard learned counsel for the petitioner, learned Standing
Counsel for the State and perused the record.

2. The instant writ petition has been filed for following relief:

     "A. Issue a writ, order or direction in the nature of
     Mandamus commanding to respondents authorities to take
     appropriate action against the private respondents.

     B. Issue a writ, order or direction in the nature of mandamus
     commanding to respondents authorities to decide the
     representation dated 15.04.2026 given by the petitioners and
     further prayed to direct respondents not to make harassment
     to the petitioners during the pendency of instant petition."

3. From the perusal of the representation as well as averment
made in this writ petition, it appears that petitioner has dispute
with a private respondent/person.

4. Learned Standing Counsel raised a preliminary objection that
such a writ petition is not maintainable for a private dispute. He
further stated that a suit is also pending between the parties.

5. In view of the above, I am not inclined to interfere in the
                                                                                          WRIC No. 17336 of 2026
                                                                  2


                                        matter.

                                        6. Accordingly, the petition is disposed of with liberty to the
                                        petitioner to move appropriate application for redressal of his
                                        grievance before the court below where the suit is pending.




                                        May 5, 2026                          (Manish Kumar Nigam,J.)
                                        Ved Prakash




Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad

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