Allahabad High Court
SHYAMA DEVIversusSTATE OF U.P. AND 7 OTHERS
- Decided
Holding
The Court held that the dispute over peaceful possession is a factual issue that cannot be decided in writ jurisdiction, and therefore dismissed the petition.
Summary
The petitioner filed a writ petition seeking a mandamus directing the respondents not to interfere with her peaceful possession of a parcel of land and also directing a respondent to decide an application filed on 04.02.2026. The Court held that the allegation of interference with possession is a disputed question of fact that cannot be adjudicated by a writ jurisdiction and must be decided by a competent civil court. Consequently, the Court declined to grant the reliefs sought. It directed the petitioner to pursue a civil suit for resolution of the private dispute. The writ petition was dismissed.
Issues considered
- Whether the High Court can entertain a writ petition for mandamus to restrain alleged interference with peaceful possession of property.
- Whether the dispute over possession is a question of fact that must be decided by a civil court rather than by writ jurisdiction.
Subjects
- writ jurisdiction
- mandamus
- peaceful possession
- civil suit
- property dispute
- question of fact
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17739 of 2026
Shyama Devi
.....Petitioner(s)
Versus
State Of U.P. And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Hanuman Prasad Mishra, Shubham
Mishra
Counsel for Respondent(s) : Azad Rai, C.S.C.
Court No. - 40
HON'BLE SARAL SRIVASTAVA, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard learned counsel for the petitioner and the learned Standing
Counsel for the State.
2. Petitioner by means of the present writ petition has prayed for the
following reliefs:
"(a) Issue a writ, order or direction in the nature of mandamus
commanding the respondents not to interfere in peaceful possession of the
petitioner over Arazi No. 1271 area 0.0900 hectare (petitioner's share
0.0194 sq. meters) situated in Mauza Hameerpur Paratapur, Pargana and
Tehsil Amritpur, District Prayagraj.
(b) Issue a writ, order or direction in the nature of mandamus
commanding the respondent No. 2 to decide the application dated
04.02.2026 moved by the petitioner within stipulated period, in
accordance with law."
3. The question as to whether the respondent Nos.6 to 8 are interfering
with the peaceful possession over the property in question of the
petitioner is a disputed question of fact which cannot be adjudicated upon
by this Court in writ jurisdiction, as the said issue can be decided by a
competent court of law on the basis of pleadings and evidence on record.
4. Accordingly, we are not inclined to interfere with the relief as prayed
for in the writ petition. However, it is open to the petitioner to seek
WRIC No. 17739 of 2026
2
remedy of filing a civil suit under civil law as the dispute is between the
private persons.
5. The writ petition is dismissed with the aforesaid liberty.
(Garima Prashad,J.) (Saral Srivastava,J.)
May 6, 2026
Kuldeep
Digitally signed by :-
KULDEEP SINGH
High Court of Judicature at Allahabad
Checking your session…