Allahabad High Court

SON DEVI @ SOMWATIversusSTATE OF U.P. AND 9 OTHERS

Decided: 4 May 2026
Bench: GARIMA PRASHAD SARAL SRIVASTAVA

Holding

The petition is dismissed as the dispute is private, involves factual questions, and mandamus cannot be issued against private individuals.

Summary

The petitioner, Son Devi, filed a writ petition under Article 226 seeking a mandamus directing the respondents to decide her representation dated 11 March 2026 within a fixed period. The Court observed that the dispute is a private matter involving factual issues that require evidence and cannot be decided by a writ jurisdiction. It also noted that mandamus cannot be issued against private individuals and the district authorities lack jurisdiction to intervene in private disputes absent a threat to law and order. Consequently, the Court found no ground to interfere. The petition was dismissed, with liberty to the petitioner to seek appropriate legal remedies.

Issues considered

Whether a writ of mandamus can be issued under Article 226 against private individuals in a private dispute
Whether the High Court has jurisdiction to intervene in a private dispute lacking imminent threat to law and order

Subjects

writ of mandamus
Article 226
private dispute
jurisdiction
High Court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - C No. - 17344 of 2026

Son Devi @ Somwati
                                                             .....Petitioner(s)
                                   Versus

State Of U.P. And 9 Others
                                                           .....Respondent(s)

Counsel for Petitioner(s)                      :    Siddharth Singh
Counsel for Respondent(s)                      :    C.S.C.

Court No. - 40
                  HON'BLE SARAL SRIVASTAVA, J.
                  HON'BLE GARIMA PRASHAD, J.

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

2. The petitioner, by means of the present writ petition, has sought
following relief;

      "a. Issue a writ, order or direction in nature of mandamus commanding
      and directing the respondent authorities to decide the representation of
      the petitioner dated 11.03.2026, expeditiously within an stipulated
      period as fixed by the Hon'ble Court."

3. The dispute between the petitioner and the respondent nos.5 to10
is purely a private dispute and involves disputed question of fact,
which can be adjudicated only on the basis of evidence, and
extensive factual inquiries. Such disputed questions of fact cannot be
decided under Article 226 of the Constitution of India. Further, no
writ of mandamus can be issued against private individuals. It is also
pertinent to note that the district authorities have no jurisdiction to
interfere in a private dispute unless there is an imminent threat to law
and order.

5. In such view of the fact, we do not find any ground to interfere in
the present writ petition.

6. Accordingly, the writ petition is dismissed with liberty to the
                                                                                       WRIC No. 17344 of 2026
                                                                 2

                                    petitioner to avail appropriate remedy available in law.


                                                                (Garima Prashad,J.) (Saral Srivastava,J.)
                                    May 5, 2026
                                    Sachin Mishra




Digitally signed by :-
SACHIN MISHRA
High Court of Judicature at Allahabad

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