Allahabad High Court
NIRANJANA SINGH AND ANOTHERversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The High Court held that Article 226 does not empower it to issue writs against private parties in a private dispute, leading to dismissal of the petition.
Summary
The petitioners, Niranjana Singh and another, filed a writ petition seeking mandamus to prevent private respondents from selling ancestral land and to compel certain administrative actions. They alleged that private respondents were attempting an illegal sale of the property. The court observed that the matter constituted a private dispute between the petitioners and the private respondents. Under Article 226 of the Constitution, the High Court cannot issue writs against private parties in such disputes. Consequently, the petition was dismissed, with the court directing the petitioners to pursue the appropriate legal remedy.
Issues considered
- Whether a writ under Article 226 can be issued against private respondents in a private property dispute
- Whether the High Court can direct the prevention of sale of ancestral land by private parties
Subjects
- Article 226
- writ jurisdiction
- private dispute
- mandamus
- property dispute
- High Court
- Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17586 of 2026
Niranjana Singh And Another
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ram Bali Ram
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 petitioners and learned Standing Counsel
for State-respondents.
2. The petitioners by means of the present writ petition have prayed for the
following relief:-
"i. Issue a writ, order or direction in the nature of mandamus directing
the respondent no.2 to 4 to prevent the respondent no.5 for selling the
ancestral land bearing Gata Nos.172, 201क, 206क, 982, 340, 342, 395,
430, 434, 471, 488, 505, 579ग , 599ड., 579च, 592, 594 and 526 which
is situated at Mohalla-Bhadesara, Post-Bhaktawarganj, Tehsil-Maunath
Bhanjan, District Mau.
ii. Issue a writ, order or direction in the nature of mandamus
commanding and directing to the respondent no.2 to decide the
application dated 23.12.2025 which is pending before him.
iii. Issue a writ, order or direction in the nature of mandamus directing
the respondent no.3 to decide the application dated 16.03.2026 of the
petitioners forthwith; and to take necessary action against the respondent
no.5.
iii. Issue any other writ, order or direction in favour of petitioners for
which he may be found entitled to under law.
iv. Issue any other writ, order or direction which this Hon'ble Court may
deem fit and proper in the facts and circumstances of the case.
v. Award the costs of the writ petition in favour of the petitioners."
WRIC No. 17586 of 2026
2
3. The grievance of the petitioners is that private respondent nos.5 & 6 are
trying to illegally sell the ancestral property of petitioners.
4. The dispute is essentially a private dispute between the petitioners and
private respondent nos.5 & 6.
5. Since the dispute is a private dispute between the petitioners and private
respondent nos.5 & 6, therefore, present writ petition is not the proper
remedy as this Court cannot issue any direction against the private
respondents under Article 226 of the Constitution of India.
6. Accordingly, the writ petition is dismissed with liberty to the petitioners
to avail appropriate remedy available under the law.
May 6, 2026
Sattyarth
(Garima Prashad,J.) (Saral Srivastava,J.)
Digitally signed by :-
SATTYARTH ANAND
High Court of Judicature at Allahabad
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