Allahabad High Court
RAM BHARAT @ RAM BHARAT SINGH YADAVversusSTATE OF U.P. AND 11 OTHERS
- Decided
Holding
The High Court held that the dispute is a private civil matter and not maintainable by a writ, and therefore dismissed the petition.
Summary
The petitioner sought a writ of mandamus directing certain respondents to refrain from interfering with his peaceful possession of a 0.44 hectare plot of land in Ghazipur and to take action against other private respondents. The State's standing counsel objected, contending that the matter was a private dispute that should be resolved in a civil forum, not through a writ jurisdiction. The Court examined whether the High Court could entertain a writ petition in a private property dispute. Concluding that the issue was a civil matter between private parties, the Court dismissed the petition. However, the Court granted the petitioner liberty to approach the appropriate civil court for relief.
Issues considered
- Whether a writ of mandamus can be issued in a private dispute concerning possession of land
- Whether the High Court has jurisdiction to entertain the petition
Subjects
- writ of mandamus
- private dispute
- possession of land
- jurisdiction
- civil remedy
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 3101 of 2026
Ram Bharat @ Ram Bharat Singh Yadav
.....Petitioner(s)
Versus
State Of U.P. And 11 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shiv Chand Yadav, Shyam Lal
Counsel for Respondent(s) : C.S.C.
Court No. - 4
HON'BLE NEERAJ TIWARI, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State.
3. Present petition has been filed with following prayer:-
"(i). Issue a writ, order or direction in the nature of mandamus commanding and
directing the respondent no.2 and 3 to restrain the private respondents no.8 to 12 not to
interfere in the peaceful possession of the petitioner's land of Arazi No.275 Area 0.44
hectare situated at Village Mauja, Tehsil Jakhaniya, District Ghazipur and Hon'ble
Court may further direct the respondent no.2 and 3 to take appropriate action against
the respondent no.5 to 12.
3. Learned Standing Counsel has raised objection and submitted that present dispute
relates to private person, which can be adjudicated, therefore, no relief can be granted.
4. Accordingly, the present petition is dismissed.
5. However, liberty is given to petitioner to seek appropriate remedy before the
Competent Court of law.
March 19, 2026
Junaid
(Garima Prashad,J.) (Neeraj Tiwari,J.)
Digitally signed by :-
JUNAID AHMAD
High Court of Judicature at Allahabad
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