Allahabad High Court
RAMASHREYversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
A writ petition is not maintainable where the dispute is solely with a private individual.
Summary
Petitioner Ramashrey filed a writ petition before the Allahabad High Court challenging actions of the State of Uttar Pradesh and other respondents, including a private individual (respondent No.5). The State's standing counsel raised a preliminary objection that the petition was not maintainable because the grievance was against a private individual rather than a public authority. The Court examined the objection and held that it could not interfere in a matter where the dispute is with a private party. Consequently, the petition was disposed of, with the Court directing the petitioner to seek the appropriate remedy under the law. No substantive merits of the petition were considered.
Issues considered
- What is the maintainability of a writ petition when the dispute is against a private individual rather than a public authority?
Subjects
- writ jurisdiction
- maintainability
- private individual
- civil remedy
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17753 of 2026
Ramashrey
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akshay Kumar Shukla, Ravindra Pal
Singh Kashyap
Counsel for Respondent(s) : C.S.C., Sher Bahadur Singh
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 individual i.e. respondent No. 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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