Allahabad High Court
SUNITA KESHARIversusSTATE OF U.P. AND 6 OTHERS
- Decided
Holding
The petition is dismissed as the matter is a private dispute not within the writ jurisdiction of the High Court under Article 226.
Summary
Sunita Keshari filed a writ petition under Article 226 seeking a direction to the UP‑Zila Adhikari, Mirzapur, to decide her representation dated 20‑02‑2026 concerning alleged land encroachment by private respondents. The Court observed that the dispute with respondent No. 4 is a private matter involving factual issues that require evidence and cannot be decided by a writ jurisdiction. It further held that a writ of mandamus cannot be issued against private individuals and that the district authority lacks jurisdiction to intervene unless there is an imminent threat to law and order. Consequently, the Court found no ground to interfere and dismissed the petition, allowing the petitioner to pursue appropriate remedies under ordinary law. The dismissal was pronounced by Justices Saral Srivastava and Garima Prashad on 7 May 2026.
Issues considered
- Can a writ of mandamus be issued against private individuals in a land‑encroachment dispute?
- Is a private dispute involving factual determinations amenable to writ jurisdiction under Article 226?
- Does the district authority have jurisdiction to decide the petitioner’s representation absent a threat to law and order?
Subjects
- writ jurisdiction
- Article 226
- private dispute
- mandamus
- land encroachment
- district authority jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17939 of 2026
Sunita Keshari
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ramesh Kumar Singh
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 State.
2. The petitioner, by means of the present writ petition, has sought
following relief;
"a. Issue a writ, order or direction in the nature commanding the
respondent authorities specially UP-Ziladhikari, Sadar, District
Mirzapur to decide the representation of petitioner dated 20.02.2026
(Annexure No.3) expeditiously within stipulated period as fix by this
Hon'ble Court."
3. The grievance of the petitioner is that the private respondent nos. 6
and 7 are trying to encroach upon the land of the petitioner.
4. The dispute between the petitioner and the respondent no.4 is
purely a private dispute and involves disputed questions of fact,
which can be adjudicated only on the basis of evidence, and
extensive factual inquiries. Such disputed questions of fact cannot be
decided under Article 226 of the Constitution of India. Further, no
writ of mandamus can be issued against private individuals. It is also
pertinent to note that the district authorities have no jurisdiction to
interfere in a private dispute unless there is an imminent threat to law
and order.
5. In such view of the fact, we do not find any ground to interfere in
the present writ petition.
WRIC No. 17939 of 2026
2
6. Accordingly, the writ petition is dismissed with liberty to the
petitioner to avail appropriate remedy available in law.
(Garima Prashad,J.) (Saral Srivastava,J.)
May 7, 2026
Sachin Mishra
Digitally signed by :-
SACHIN MISHRA
High Court of Judicature at Allahabad
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