Allahabad High Court
JABBARversusSTATE OF U.P. AND 8 OTHERS
- Decided
Holding
The Court held that the relief sought amounts to an injunction in a civil dispute and therefore cannot be granted under Article 226.
Summary
Petitioner Jabbar filed a writ petition under Article 226 seeking an interim mandamus directing the State of U.P. and other officials to act on several complaint applications filed in 2025. The petitioner relied on a specific Government Order dated 17 February 2020 to support the relief. The Court examined whether such a direction could be issued as a writ remedy. It concluded that the relief sought is essentially an injunction arising from a civil dispute involving factual questions, which is not within the jurisdiction of Article 226. Consequently, the Court declined to grant the interim mandamus and consigned the petition to the records.
Issues considered
- Whether the High Court can issue an interim mandamus under Article 226 directing police officers to decide pending complaint applications.
- Whether the relief sought constitutes a civil dispute requiring an injunction, thereby falling outside the scope of writ jurisdiction.
Subjects
- Article 226
- writ of mandamus
- interim relief
- civil suit
- injunction
- government order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36572 of 2026
Jabbar
.....Petitioner(s)
Versus
State Of U.P. And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akash Khare
Counsel for Respondent(s) : C.S.C., Sadhna, Sant Ram Sharma
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 ad-interim mandamus
commanding/ directing the respondent concerned to decide the petitioner's complaint
applications dated 20.9.2025 & 6.10.2025 to R.No.2, dated 14.11.2025 to R.No. 3,
dated 16.09.2025 to R.No.- 4, dated 6.10.2025 to Circle Officer Police Station
Sakarpur, District Meerut and dated 15.12.2025 to R.No. 5, (Annexure No.1 to writ
petition) as per provisions of GO No.1//2020/129/ Chautish-Lo-Shee- 05/ 2020-05
Lo.Shee./2019, dated 17th February, 2020 (Annexure No.3 to writ petition)."
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 facts
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
Atmesh
Digitally signed by :-
ATMESH KESARI
High Court of Judicature at Allahabad
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