Allahabad High Court
VASUDEO SINGHversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
A writ of mandamus cannot be granted to settle a private land dispute when the village is under consolidation, and therefore no interference is warranted.
Summary
The petitioner, Vasudeo Singh, filed a writ petition seeking a mandamus directing a private respondent, his younger brother, not to interfere with his possession of a residential house, tube well, and chak that were mutually partitioned in 2014, and also seeking enforcement of his life, limb, and property rights under Article 21. The petitioner alleged that the private respondent was hindering his possession of the plot located in Village Mongariha Purva, which is currently under a consolidation operation. The court examined the claim and noted that the village is indeed under consolidation, a statutory process that governs land disputes in such areas. It held that private disputes concerning possession cannot be adjudicated through writ jurisdiction, particularly when the land is subject to consolidation. Consequently, the court found no basis to issue a mandamus or any other writ and dismissed the petition. The writ petition was therefore dismissed without any order against the private respondent.
Issues considered
- Can a writ of mandamus be issued to restrain a private respondent in a land possession dispute when the village is under consolidation?
- Whether the High Court can interfere in a private land dispute concerning possession under consolidation proceedings
Subjects
- writ of mandamus
- land consolidation
- private dispute
- possession
- Article 21
- high court
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 29059 of 2026
Vasudeo Singh
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Chandra Bhan Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard learned Counsel for the petitioner and learned Standing
Counsel for the State respondents.
2. The instant writ petition has been filed for the following relief:-
"(i) Issue a writ, order or direction in the nature of mandamus
direct to respondent no.4 don't make any hindrance or
dispossess the petitioner from his own constructed
residential house and tube well and the chak which got in
mutual partition in 2014 situated in Village Mongariha Purva
Hamlet and Shahjahanpur Selraha Pargana Hanthgaon Tehsil
Khaga and District Fatehpur.
(ii) Issue a writ, order or direction in the nature of mandamus
direct the respondent nos. 1 and 2 to perfect the life limbs and
property of petitioner guaranteed under Article 21 of the
Constitution of India."
3. Counsel for the petitioner submitted that Village is under
consolidation operation. He submitted that private respondent no.4 is
the younger brother of the petitioner and is interfering in the
possession of the petitioner in respect to the plot in question, as such,
appropriate direction be issued to private respondent no.4 not to
interfere in the possession of the petitioner in respect to the plot in
question.
WRIC No. 29059 of 2026
2
4. I have considered the argument advanced by learned Counsel
for the petitioner and perused the record.
5. There is no dispute about the fact that Village in question is
under consolidation operation.
6. It is settled law that private dispute cannot be settled in exercise
of writ jurisdiction by way of writ of mandamus specially when
Village is under consolidation operation.
7. No interference is required in the matter.
8. The writ petition is dismissed accordingly.
(Chandra Kumar Rai,J.)
September 21, 2026
Vandana Y.
Digitally signed by :-
VANDANA YADAV
High Court of Judicature at Allahabad
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