Allahabad High Court
JITENDRA NAGARversusTHE STATE OF U.P. AND 5 OTHERS
- Decided
Holding
The writ petition is dismissed as it does not involve a public law remedy; the petitioner must approach a civil court for relief.
Summary
The petitioner, Jitendra Nagar, filed a writ petition seeking a directive to State authorities (respondents 2‑5) to act on applications dated 02‑04‑2026 and 27‑07‑2026, and also sought relief against respondent 6 for alleged trespass into his house. The Court observed that the grievance stems from a private law cause of action—trespass—and not a public law issue suitable for writ jurisdiction. It held that the appropriate remedy is an ordinary civil suit for recovery of possession, either on title or possessory title, or a summary suit. Consequently, the petition was dismissed as non‑maintainable under the writ jurisdiction. The judgment further clarified that the dismissal does not prejudice the petitioner’s right to institute a civil suit against the sixth respondent.
Issues considered
- Whether a writ petition is maintainable for a private law cause of action such as trespass
- Whether the High Court can direct State authorities to act on applications filed by the petitioner
Subjects
- trespass
- writ jurisdiction
- public law
- civil suit
- jurisdiction
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 37327 of 2026
Jitendra Nagar
.....Petitioner(s)
Versus
The State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Bipin, Mithilesh Yadav
Counsel for Respondent(s) : C.S.C.
Court No. - 2
HON'BLE J.J. MUNIR, J.
HON'BLE INDRAJEET SHUKLA, J.
The relief that the petitioner seeks is a command to respondent nos.2 to 5,
who are authorities of the State to take appropriate action upon an
application dated 02.04.2026 along with another dated 27.07.2026 moved
by the petitioner against respondent no.6, who has trespassed into the
petitioner's house without entitlement.
The cause of action, which the petitioner has brought-forward is a cause
of action camouflaged as one under the public law. It is a simple case of
trespass where the petitioner's remedy is to bring an action before the
Court of ordinary original civil jurisdiction to recover possession, may be
on the basis of title or possessory title or a summary suit. There is
absolutely nothing in the nature of a public law remedy that the petitioner
may seek in the manner he has done.
This petition is, therefore, dismissed.
It is clarified that anything said in this order will not prejudice the
petitioner's right to institute a suit for the relief that he seeks against the
6th respondent before the Civil Court.
(Indrajeet Shukla,J.) (J.J. Munir,J.)
September 16, 2026
S.P.
Digitally signed by :-
SANJAY PURI
High Court of Judicature at Allahabad
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