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Allahabad High Court

RAJENDRA NISADversusSTATE OF U.P. AND 6 OTHERS

Decided

Holding

The petition seeking mandamus was dismissed as the relief sought is an injunction arising from a civil dispute, which must be pursued through a civil suit.

Summary

Petitioner Rajendra Nisad filed a writ petition under Article 226 seeking a mandamus directing the District Magistrate, Kanpur Nagar to decide his representation dated 24 July 2026 by passing a reasoned order within a time frame fixed by the Court. The Court examined the petition and observed that the relief sought pertained to a civil dispute involving factual determinations, which is more appropriately addressed through a civil suit rather than a writ. Consequently, the Court held that the petition amounted to an injunction in a pure civil matter and could not be entertained under its writ jurisdiction. The Court therefore declined to grant the relief sought. The petition was consigned to the records without any order granting the writ.

Issues considered

  • What is the appropriate remedy for a civil dispute involving factual issues: a writ under Article 226 or a civil suit?

Subjects

  • Article 226
  • mandamus
  • injunction
  • civil suit
  • high court writ jurisdiction
  • district magistrate

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                              WRIT - C No. - 36478 of 2026

                                    Rajendra Nisad
                                                                                                       .....Petitioner(s)
                                                                           Versus

                                    State Of U.P. And 6 Others
                                                                                                    .....Respondent(s)

                                    Counsel for Petitioner(s)                       :   Manoj Kumar Tiwari
                                    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 District Magistrate, Kanpur Nagar to decide the representation of
                                    petitioner dated 24.07.2026 (Annexure No. 4 to the writ petition) by passing reasoned
                                    and speaking order as in accordance with law within stipulated period as fix 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.



                                                                           (Garima Prashad,J.) (Ajit Kumar,J.)
                                    September 21, 2026
                                    IrfanUddin




Digitally signed by :-
IRFAN UDDIN SIDDIKI
High Court of Judicature at Allahabad


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