Created by Fuzzy Cloud

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.