Allahabad High Court
HAPPU KHAversusSTATE OF UP AND 4 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The writ petition is not maintainable because the grievance is against private individuals, not the State.
Summary
Petitioner Happu Kha filed a writ petition (Writ‑C No. 17694 of 2026) challenging actions of the State of Uttar Pradesh and four other respondents. The State's standing counsel raised a preliminary objection that the petitioner’s grievance was against private individuals (respondents 4 and 5) and therefore the writ petition was not maintainable. The Hon'ble Justice Manish Kumar Nigam examined the objection and concluded that the court should not interfere in a matter that does not fall within its writ jurisdiction. Consequently, the petition was dismissed, but the petitioner was given liberty to pursue any other legal remedy available under law. The order was dated 6 May 2026.
Issues considered
- The maintainability of a writ petition when the dispute is primarily with private individuals rather than the State.
Subjects
- writ jurisdiction
- maintainability
- private individuals
- preliminary objection
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17694 of 2026
Happu Kha
.....Petitioner(s)
Versus
State Of Up And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohd Mohiuddin Siddiqui
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. Learned Standing Counsel raised a preliminary objection that dispute of
the petitioner is with private individuals i.e. respondent Nos. 4 and 5 and
such a writ petition is not maintainable.
3. In view of the above, I am not inclined to interfere in the matter.
4. Accordingly, the petition is disposed of with liberty to the petitioner to
avail the remedy as available to him under law.
(Manish Kumar Nigam,J.)
May 6, 2026
Nitika Sri.
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
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