Allahabad High Court
SMT REENA PATELversusSTATE OF UTTAR PRADESH AND 4 OTHERS
- Decided
Holding
The relief sought is an injunction arising from a civil dispute and is not within the jurisdiction of a writ under Article 226.
Summary
Petitioner Smt Reena Patel filed a writ petition under Article 226 of the Constitution seeking a mandamus directing the State authorities to decide a representation dated 25‑08‑2026 within a time frame fixed by the Court. The Court examined whether such a direction could be granted as a writ remedy. It held that the relief sought amounts to an injunction in a pure civil dispute involving factual questions, which is outside the scope of writ jurisdiction. Consequently, the Court directed the petitioner to pursue the matter through a civil suit. The petition was therefore not entertained and was consigned to the records.
Issues considered
- Whether a writ of mandamus can be issued to compel the decision of a representation in a civil dispute
- Whether the High Court has jurisdiction under Article 226 to grant an injunction in such a matter
Subjects
- Article 226
- writ of mandamus
- injunction
- civil suit
- jurisdiction
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35637 of 2026
Smt Reena Patel
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dileep Kumar, Raj Kumar Gupta
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 the
Respondent authorities to decide the representation dated 25/08/2026 (Annexure No.
3 to the writ petition) moved by the petitioner within a stipulated period as fixed by
this Hon'ble Court."
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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