Allahabad High Court
JAGDISHversusSTATE OF U.P. AND 7 OTHERS
- Decided
Holding
The writ petition is dismissed as the relief sought is already pending before a civil court.
Summary
The petitioner, Jagdish, filed a writ petition under Article 226 of the Constitution seeking a mandamus directing the respondents to consider his representations dated 22 June, 23 June, and 1 July 2026 and to restrain private respondents from forcibly taking possession of his abadi land in collusion with the police. The court observed that the petitioner is already pursuing the same relief through a civil suit (O.S. No. 593 of 2023) for a permanent prohibitory injunction. Since the matter is pending before a civil court, the High Court declined to entertain the writ petition. The court, however, granted the petitioner liberty to continue pursuing the remedy in the civil suit. Consequently, the writ petition was consigned to the records without any order of mandamus.
Issues considered
- Whether a writ petition under Article 226 can be entertained when the same relief is already sought in a pending civil suit
- Whether the High Court can issue a mandamus directing consideration of representations and restraining private respondents from taking possession of land
Legislation cited
- Constitution of India — s. Article 226
Subjects
- Article 226
- writ petition
- mandamus
- civil suit pending
- injunction
- land possession
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36565 of 2026
Jagdish
.....Petitioner(s)
Versus
State Of U.P. And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shailendra Kumar Yadav
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 commanding the
respondents concerned to consider on the representation dated 22.06.2026,
23.06.2026 and 01.07.2026 and restrain the private respondents not to take
possession over the abadi land of the petitioner by use of illegal force and colluding
with the police."
3. From the perusal of the pleadings raised in the writ petition and the
documents brought on record, it clearly transpires that petitioner has
already litigating the matter in civil suit being O.S. No.- 593 of 2023 for
permanent prohibitory injunction.
4. In the circumstances, we decline to grant indulgence in the matter.
5. However, liberty rests with the petitioner to pursue the remedy in civil
suit, if so advised.
6. Subject to aforesaid liberty, this petition is consigned to records.
(Garima Prashad,J.) (Ajit Kumar,J.)
September 21, 2026
Atmesh
Digitally signed by :-
ATMESH KESARI
High Court of Judicature at Allahabad
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