Allahabad High Court
MANISH KUMAR SINGHversusSTATE OF UTTAR PRADESH AND 4 OTHERS
- Decided
Holding
The petition is not maintainable as it pertains to a private dispute, and the High Court cannot issue a writ directing action against private persons under Article 226.
Summary
The petitioner, Manish Kumar Singh, filed a writ petition seeking mandamus directing the Sub‑Divisional Magistrate to decide his application and the police station to act against persons obstructing construction of his house. He alleged that private individuals had trespassed and forcibly removed laborers from his property. The Court observed that the dispute was essentially between the petitioner and private persons, and therefore not amenable to a writ under Article 226. Consequently, the Court held that it could not issue any direction against the private individuals. The petition was dismissed, with liberty to the petitioner to pursue appropriate legal remedies.
Issues considered
- Whether a writ under Article 226 of the Constitution is maintainable for a private dispute involving trespass and obstruction of construction.
- Whether the High Court can direct a Sub‑Divisional Magistrate or a police station to act against private individuals through a mandamus.
Subjects
- Article 226
- writ jurisdiction
- private dispute
- mandamus
- trespass
- construction obstruction
- police authority
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17845 of 2026
Manish Kumar Singh
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Lavkush Kumar Bhatt
Counsel for Respondent(s) : C.S.C.
Court No. - 40
HON'BLE SARAL SRIVASTAVA, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel
for the respondents.
2. The petitioner, by means of the present writ petition, has prayed for the
following relief:-
"I. Issue a writ order or direction in the nature of mandamus directing the
respondent no.2- Sub Divisional Magistrate, Sadar, Farukhabad to decide
application dated 10.04.2026, within stipulated period as may be fixed by
this Hon'ble Court.
II. Issue writ order or direction in the nature of mandamus directing the
respondent no.5- Station House Office, Police Station Kamalganj, District
Farrukhabad to take appropriate steps against the police persons who are
creating hindrance in the construction of house of the petitioner, within
stipulated period as may be fixed by this Hon'ble Court."
3. The grievance of the petitioner in the representation dated 10.4.2026,
annexed as Annexure-7 to the writ petition, is that one Arvind Pal alias
Pappu Lal along with Rishipal unlawfully trespassed into the house of the
petitioner, obstructed the lawful construction work being undertaken and
also forcibly drove away the labors and mason engaged in the
construction work.
4. The dispute is essentially a private dispute between the petitioner and
WRIC No. 17845 of 2026
2
private persons.
5. Since the dispute is a private dispute between the petitioner and private
persons, therefore, present writ petition is not the proper remedy as this
Court cannot issue any direction against the private persons under Article
226 of the Constitution of India.
6. Accordingly, the writ petition is dismissed with liberty to the petitioner
to avail appropriate remedy available under the law.
(Garima Prashad,J.) (Saral Srivastava,J.)
May 6, 2026
Rakesh
Digitally signed by :-
RAKESH MEHTA
High Court of Judicature at Allahabad
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