Allahabad High Court
BASANTversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The relief sought is an injunction arising out of a civil dispute and cannot be granted under the writ jurisdiction of Article 226.
Summary
Petitioner Basant filed a writ petition under Article 226 seeking a mandamus directing the respondents, particularly respondents 2 and 3, to provide police protection at his house and to evict respondents 5 and 6 who were alleged to have taken illegal possession of his property. The petition also requested an injunction to prevent further interference. The High Court examined the nature of the relief and held that it amounted to an injunction arising from a pure civil dispute involving factual questions. The Court observed that such matters are not within the jurisdiction of a writ under Article 226 and must be pursued through a civil suit. Consequently, the Court declined to grant the relief and consigned the petition to the records. The petition was therefore dismissed.
Issues considered
- Whether a writ of mandamus can be issued to direct police protection and eviction in a civil dispute under Article 226
- Whether the relief sought constitutes an injunction arising from a civil dispute requiring a civil suit
Subjects
- Article 226
- mandamus
- injunction
- civil dispute
- police protection
- eviction
- writ jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35523 of 2026
Basant
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Lalit Kumar Shukla
Counsel for Respondent(s) : C.S.C.
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE SIDDHARTH NANDAN, J.
1. Heard learned counsel for the parties and perused the records.
2. By means of this petition filed under Article 226 of the Constitution,
petitioner has prayed for following relief:
"(I). Issue a writ, order or direction in the nature of mandamus directing to the
respondents authorities specially respondent no. 2 and 3 to provide the police force
for entered in his house/ property to the petitioner and also eviction from the
respondent no. 5 and 6 regarding the illegally take possession over the house/
property of petitioner."
3. In our considered view, the relief is in the nature of injunction arising
out of a pure civil dispute which may involve disputed questions of fact
and hence, petitioner may avail remedy of civil suit, if so advised.
Accordingly, we decline to grant indulgence in the matter.
4. Subject to aforesaid liberty, this petition is consigned to records.
(Siddharth Nandan,J.) (Ajit Kumar,J.)
September 16, 2026
Atmesh
Digitally signed by :-
ATMESH KESARI
High Court of Judicature at Allahabad
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