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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