Allahabad High Court

YOGESH KUMAR SAUKAND AND 2 OTHERSversusSTATE OF U.P. AND 5 OTHERS

Decided: 11 May 2026
Bench: GARIMA PRASHAD SARAL SRIVASTAVA

Holding

The writ petition is not maintainable as the dispute is a private one, and the Court cannot issue a direction against a private person under Article 226.

Summary

Petitioners sought mandamus directing state officials not to evict them from certain lands and not to take coercive action, and to compel action against a private respondent. The Court observed that the core dispute was between the petitioners and a private individual, making it a private matter. Under Article 226, the High Court cannot issue writs against private persons. Consequently, the petition was deemed an improper remedy. The Court dismissed the writ petition, allowing the petitioners to pursue appropriate legal remedies. No substantive merits of the eviction claim were addressed.

Issues considered

Whether a writ petition under Article 226 is maintainable when the dispute is essentially between private parties

Subjects

Article 226
writ petition
mandamus
private dispute
eviction
High Court of Allahabad

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                          WRIT - C No. - 18557 of 2026


Yogesh Kumar Saukand And 2 Others
                                                                   .....Petitioner(s)
                                       Versus

State Of U.P. And 5 Others
                                                                 .....Respondent(s)

Counsel for Petitioner(s)          : Arvind Kumar Srivastava, Shailesh
                                     Kumar Srivastava
Counsel for Respondent(s)          : C.S.C., Santosh Kumar

Court No. - 40
                    HON'BLE SARAL SRIVASTAVA, J.
                    HON'BLE GARIMA PRASHAD, J.

1. Heard learned counsel for the petitioners and the learned Standing
Counsel for the State.

2. Petitioners by means of the present writ petition have prayed for the
following reliefs:

     "(a) to issue a writ order or direction in the nature of mandamus directing
     the Respondent nos.2 to 5 not to evict to the Petitioners from their
     possession pertaining to the arazi Nos. 113, 114, 115, 116 and 117 situated
     at Village Raipur Tappa Nagal, Pargana and Tehsil Sadar Bijnor, District
     Bijnor without any legal order;
     (b) to issue a writ order or direction in the nature of mandamus directing
     the Respondent nos.2 to 5 not to take any coercive action against the
     Petitioners;
     (c) to issue a writ order or direction in the nature of mandamus directing
     the Respondent concern to take legal action against the Respondent no.6/.
     Satyanarayan Bhatnagar in the instant matter forthwith in the interest of
     justice;

3. The dispute is essentially a private dispute between the petitioner and
the private respondent No.6.

4. Since the dispute is a private dispute between the petitioner and the
private respondent No.6, therefore, the present writ petition is not the
proper remedy as this Court cannot issue direction against a private
person under Article 226 of the Constitution.
                                                                                    WRIC No. 18557 of 2026
                                                               2


                                    5. Accordingly, the writ petition is dismissed with liberty to the
                                    petitioners to avail appropriate remedy available in law.


                                                              (Garima Prashad,J.) (Saral Srivastava,J.)
                                    May 12, 2026
                                    Kuldeep




Digitally signed by :-
KULDEEP SINGH
High Court of Judicature at Allahabad

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