Allahabad High Court
OM JIversusSTATE OF U.P. AND 7 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The writ petition is not maintainable as it seeks to resolve a private dispute, and therefore it is dismissed.
Summary
The petitioner filed a writ petition seeking a mandamus directing the authorities to summon a 1974-75 patta allotment record for Village Umari and to restrain respondents Nos. 4 to 7 from illegal construction on his land (Gata No. 2337, 150 sq. yd.) in Auraiya. The petition essentially involved a private dispute over land records and alleged encroachment. The State’s standing counsel objected that the writ petition was not maintainable because it sought to resolve a private dispute. The Court examined the pleadings and agreed that the petition was an attempt to settle a private matter, which is beyond the jurisdiction of a writ under Article 226. Consequently, the Court declined to interfere, disposed of the petition, and directed the petitioner to pursue relief under the Uttar Pradesh Revenue Code, 2006.
Issues considered
- Whether a writ petition under Article 226 is maintainable when the relief sought pertains to a private dispute over land records and alleged illegal construction.
Legislation cited
Subjects
- writ jurisdiction
- mandamus
- private dispute
- land records
- illegal construction
- revenue law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17731 of 2026
Om Ji
.....Petitioner(s)
Versus
State Of U.P. And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Raj Kumar Srivastava, Shiv
Poojan
Counsel for Respondent(s) : C.S.C., Hari Narayan Singh
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties, learned Standing
Counsel for the State and perused the record.
2. The instant writ petition has been filed for following relief:
"(A) Issue a writ order or direction in the nature of
mandamus directing to the respondents authority to summon
the record patta allotment patrawali 1974-75 allotted by the
Tehsil Authority Village Umari.
(B) Issue a writ order or direction in the nature of mandamus
directing to the respondents authority to restrain the
respondent Nos. 4 to 7 for illegal construction of the
petitioner land gata No. 2337 area 150 square yard which is
situated at Village and Mauza Umari, Tehsil and District
Auraiya."
3. From the perusal of the averments as well as prayer made in
the writ petition, it appears that petitioner has dispute with private
person/respondent.
4. Learned Standing Counsel raised a preliminary objection that
such a writ petition is not maintainable for a private dispute and
WRIC No. 17731 of 2026
2
in the garb of the present petition the petitioner wants to settle his
private dispute.
5. In view of the above, I am not inclined to interfere in the
matter.
6. Accordingly, the petition is disposed of with liberty to the
petitioner to seek relief as available to him under provisions of
U.P. Revenue Code, 2006.
May 6, 2026 (Manish Kumar Nigam,J.)
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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