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Allahabad High Court

JAGANNATH AND ANOTHERversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The Court held that relief in the nature of an injunction in a civil dispute cannot be granted under Article 226 and must be pursued by a civil suit.

Summary

The petitioners, Jagannath and another, filed a writ petition under Article 226 seeking a mandamus directing the State of U.P. and others not to disturb their peaceful possession of a 0.1140 hectare plot of land in Jaunpur. The High Court examined the petition and observed that the relief sought amounts to an injunction arising from a pure civil dispute involving factual questions. The Court held 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 writ and consigned the petition to the records. The petition was therefore dismissed.

Issues considered

  • Whether a writ of mandamus or injunction can be issued under Article 226 in a civil dispute over land possession

Subjects

  • Article 226
  • mandamus
  • injunction
  • civil dispute
  • land possession
  • high court

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                               WRIT - C No. - 36248 of 2026

                                    Jagannath And Another
                                                                                                     .....Petitioner(s)
                                                                          Versus

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

                                    Counsel for Petitioner(s)                  :   Subhash Chand Kanaujia
                                    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,
                                    petitioners have prayed for following relief:

                                    "(i). Issue a writ, order or direction in the nature of mandamus to direct the
                                    respondent not to disturb in peaceful possession of the petitioner on gata No. 589M
                                    Rakba 0.1140 hectare situated at village Sarai Jodh Rai, Pargana Sikandra, Tehsil-
                                    Phoolpur, District - Jaunpur."

                                    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 17, 2026
                                    Atmesh




Digitally signed by :-
ATMESH KESARI
High Court of Judicature at Allahabad


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