Allahabad High Court
BHOLANATH JAISWAL AND ANOTHERversusCHIEF BRANCH MANAGER AND ANOTHER
- Decided
Holding
The writ petition is not maintainable as eviction must be pursued through a suit, not a writ, and is therefore dismissed.
Summary
The petitioners, owners of a property in Kachnar, Varanasi, sought a writ of mandamus directing the respondent bank, which was occupying part of the property as a branch, to vacate the premises and to decide their representation dated 09.01.2026. The petitioners argued that the bank was a tenant and should be evicted. The Court held that a writ petition is not the appropriate remedy for eviction; instead, the petitioners must file a suit for eviction in the appropriate forum. Consequently, the writ petition was deemed non-maintainable. The petition was dismissed with liberty to approach the proper court.
Issues considered
- What is the appropriate remedy for a landlord seeking eviction of a tenant bank occupying his property?
- Is a writ petition under Article 226 maintainable for seeking eviction and mandamus against a tenant?
Subjects
- eviction
- writ jurisdiction
- mandamus
- tenancy
- property
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17659 of 2026
Bholanath Jaiswal And Another
.....Petitioner(s)
Versus
Chief Branch Manager And Another
.....Respondent(s)
Counsel for Petitioner(s) : Akhilesh Kumar Tiwari, Kaushal Kant
Dubey, Shri Nath Mishra
Counsel for Respondent(s) :
Court No. - 40
HON'BLE SARAL SRIVASTAVA, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard learned counsel for the petitioner.
2. The petitioner by means of the present writ petition has prayed for the
following relief:-
"(i) Issue a writ, order or direction in the nature of Mandamus
directing the respondent no.2 Bank to vacate the petitioners'
property forthwith.
(ii). Issue a writ, order or direction in the nature of Mandamus
directing the respondent no.2 to decide the representation of the
petitioners dated 09.01.2026 (Annexure No.2 to the writ petition),
within the time stipulated by this Hon'ble Court.
(iii). issue any other suitable writ order or direction as this
Hon'ble Court may deem fit and proper in the facts and
circumstances of the case.
(iv) award costs of this petition in favour of the petitioners."
3. It is stated that the respondent Bank is tenant on a portion of the
petitioner's property situated at Village-Kachnar, Police Station Raja Talab,
District Varansi for running its Branch. The petitioner has submitted
representation to the authority concerned for vacating the premises in
question, and in the aforesaid backdrop, the petitioner has prayed for the
aforesaid relief.
WRIC No. 17659 of 2026
2
4. In our opinion, the writ petition is not the proper remedy as the petitioner
has to institute a suit for eviction against the respondent Bank before the
appropriate forum.
5. In such view of the fact, writ petition is not maintainable. Consequently,
the writ petition is dismissed with the aforesaid liberty.
May 6, 2026
NS
(Garima Prashad,J.) (Saral Srivastava,J.)
Digitally signed by :-
NITIN KUMAR
High Court of Judicature at Allahabad
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