Allahabad High Court
DILIP RAIversusSTATE OF U.P. AND 6 OTHERS
- Decided
Holding
The relief sought is an injunction arising from a civil dispute and is beyond the scope of Article 226, so the petition cannot be entertained.
Summary
Petitioner Dilip Rai filed a writ petition under Article 226 seeking a mandamus directing certain state respondents to take preventive legal action against private respondents under the Anti‑Bhumafiya guidelines. The Court examined whether such a direction amounted to an injunction arising from a civil dispute involving factual questions. It held that the relief sought is essentially a civil remedy and not within the jurisdiction of a writ under Article 226. Accordingly, the Court declined to grant the writ and advised the petitioner to pursue a civil suit. The petition was therefore not entertained and was consigned to the records.
Issues considered
- Whether a writ of mandamus under Article 226 can be issued to direct preventive action in a matter that is essentially a civil dispute.
- Whether the Court has jurisdiction to grant an injunction in such circumstances.
Subjects
- Article 226
- writ of mandamus
- injunction
- civil suit
- preventive action
- Anti-Bhumafiya
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36398 of 2026
Dilip Rai
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rakesh Kumar Upadhyay
Counsel for Respondent(s) : C.S.C.
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE GARIMA PRASHAD, 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 No. 2 to 4 to take immediate preventive and legal action against the
private Respondents No. 5 to 7 in accordance with the Law/ Anti-Bhumafiya
guidelines of the state."
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.
(Garima Prashad,J.) (Ajit Kumar,J.)
September 11, 2026
IrfanUddin
Digitally signed by :-
IRFAN UDDIN SIDDIKI
High Court of Judicature at Allahabad
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