Allahabad High Court
TILESHAR LAL AND 3 OTHERSversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The petition is not maintainable because the dispute is with private respondents, and the court will not interfere.
Summary
The petitioners filed a writ petition seeking a mandamus directing the State to hand over possession of three parcels of land in Deoria district pursuant to a consolidation order dated 24‑04‑2025, and also to consider an application filed on 16‑02‑2026 within the period fixed by the court. The respondents raised a preliminary objection that the dispute concerned private respondents (Nos. 4 & 5) over the same property, rendering the writ petition non‑maintainable. The Court examined the objection and held that the matter was essentially a private property dispute, not within the jurisdiction of a writ jurisdiction. Consequently, the Court declined to interfere with the substantive claim. The petition was disposed, with liberty to the petitioners to pursue the appropriate remedy under the law.
Issues considered
- Is the writ petition maintainable when the dispute is primarily between the petitioner and private respondents over possession of land?
Subjects
- writ petition
- mandamus
- property possession
- preliminary objection
- maintainability
- private dispute
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17610 of 2026
Tileshar Lal And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Prince Kumar
Counsel for Respondent(s) : C.S.C., Sudhir Bharti
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed for the following reliefs:-
"issue a writ, order or direction in the nature of mandamus commanding
and directing the respondent authorities to handover the possession of
Arazi No.876 area 0.50 acre, Arazi No.1214 area 0.10 acre and Arazi
No.1087M area 0.49 situated at village Baghauch, Tehsil Deoria, District
Deoria in pursuance of order dated 24.04.2025 passed by Consolidation
Officer Deoria, District Deoria.
Issue a writ, order or direction in the nature of mandamus commanding
the respondent authorities to consider the application dated 16.02.2026
within stipulated period as fixed by this Hon'ble Court.."
3. A preliminary objection has been raised by learned Standing Counsel that dispute of
the petitioner is with private respondent Nos. 4 & 5 regarding property in question
and, as such, the writ petition is not maintainable for the purpose.
4. In view of the same, I am not inclined to interfere in the matter.
7. Accordingly, the writ petition is disposed of with liberty to the petitioner to avail
the remedy as available to them under the law.
May 6, 2026
Rishabh
(Manish Kumar Nigam,J.)
Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad
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