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Allahabad High Court

SMT. AYSHA BEGUM AND ANOTHERversusSTATE OF U.P. AND 6 OTHERS

Decided

Holding

The Court held that the relief sought is an injunction arising from a civil dispute and therefore cannot be granted under Article 226.

Summary

The petitioners filed a writ petition under Article 226 seeking a mandamus directing the State to act against alleged illegal encroachment on two plots of land in Etah district. The petition alleged that respondents 6 and 7, with assistance of respondents 3, 4 and 5, had encroached upon the plots. The Court examined whether such a remedy could be granted under its writ jurisdiction. It held that the relief sought amounts to an injunction in a pure civil dispute involving factual issues, which is not within the scope of Article 226. Consequently, the Court declined to grant the writ and advised the petitioners to pursue a civil suit, consigning the petition to the records.

Issues considered

  • Can a writ of mandamus under Article 226 be issued to direct action against an alleged illegal encroachment that is essentially a civil dispute?
  • Is the relief sought by the petitioners an injunction that falls within the jurisdiction of the High Court under Article 226?

Subjects

  • Article 226
  • writ of mandamus
  • injunction
  • civil dispute
  • illegal encroachment
  • property law
  • High Court jurisdiction

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                               WRIT - C No. - 38182 of 2026

                                    Smt. Aysha Begum And Another
                                                                                                        .....Petitioner(s)
                                                                           Versus

                                    State Of U.P. And 6 Others
                                                                                                      .....Respondent(s)

                                    Counsel for Petitioner(s)                  :    Abu Bakht, Kumar Vikrant
                                    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 respondent
                                    No. 2 to take necessary and effective action against the illegal encroachment made by
                                    respondent Nos. 6 and 7 with the assistance of Respondent Nos. 3, 4 and 5, in respect
                                    of Plot No. 299, admeasuring 0.049 hectare, Plot No. 298, admeasuring 0.049
                                    hectare, situated at Village Jawaharpur Arthara, Tehsil Etah, District Etah."

                                    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 30, 2026
                                    Atmesh




Digitally signed by :-
ATMESH KESARI
High Court of Judicature at Allahabad


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