Allahabad High Court
SAMEER KUMARversusSTATE OF U.P. AND 7 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The writ petition is not maintainable as the dispute is a civil matter between private parties, and the Court will not entertain it.
Summary
The petitioner, Sameer Kumar, filed a writ petition seeking a mandamus directing the State of Uttar Pradesh and other respondents to restore his possession of two land parcels (Gata No.306 and 308) in Naraura village, Kanpur Nagar. The petition alleged that the respondents had unlawfully dispossessed him of the said property. The respondents raised a preliminary objection, contending that the dispute was essentially a civil matter between the petitioner and private respondents numbered 4 to 8, and therefore the writ petition was not maintainable. The Court examined the objection and held that it could not interfere in a private property dispute through a writ jurisdiction. Consequently, the petition was dismissed, with liberty granted to the petitioner to pursue the appropriate civil remedy. The order was pronounced on 6 May 2026 by Justice Manish Kumar Nigam.
Issues considered
- Whether a writ petition seeking mandamus for restoration of possession is maintainable when the underlying dispute is between the petitioner and private parties.
Subjects
- Writ jurisdiction
- Mandamus
- Maintainability
- Civil property dispute
- Possession
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17798 of 2026
Sameer Kumar
.....Petitioner(s)
Versus
State Of U.P. And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ravindra Sharma, Shashank Saurabh
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed for the following reliefs:-
"writ order or direction in the Issue a nature of Mandamus directing the
respondents for restore the petitioner's possession over the Gata No. 306
Area.0.0310 and Gata No.308 Area 0.0975 Hectare situated in the village
Naraura (Narval), Tehsil-Narval, District-Kanpur Nagar.."
3. A preliminary objection has been raised by learned Standing Counsel that dispute of
the petitioner is with private respondent Nos. 4 to 8 regarding property in question
and, as such, the writ petition is not maintainable for the purpose.
4. In view of the same, I am not inclined to interfere in the matter.
7. Accordingly, the writ petition is disposed of with liberty to the petitioner to avail
the remedy as available to him under the law.
May 6, 2026
Rishabh
(Manish Kumar Nigam,J.)
Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad
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