Allahabad High Court
DEEPAK KUMAR DASversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court held that the petition for mandamus is not maintainable as it pertains to a civil dispute and the petitioner must approach a civil court.
Summary
Petitioner Deepak Kumar Das filed a writ petition under Article 226 of the Constitution seeking a mandamus directing the respondent to pay arrears of rent of Rs. 16,45,000 with interest as per a lease deed dated 18-10-2023. The petition alleged that the respondent had failed to make the payment and sought a court order to compel payment. The Court examined whether such a relief could be granted via a writ of mandamus or whether it fell within the domain of a civil dispute. It held that the relief sought was essentially an injunction arising from a civil matter involving factual disputes, which is not within the jurisdiction of Article 226. Consequently, the Court declined to grant the writ and directed the petitioner to pursue the matter through a civil suit. The petition was consigned to the records.
Issues considered
- Whether a writ of mandamus under Article 226 can be issued to compel payment of rent arrears in a lease dispute
- Whether the matter is maintainable before the High Court or must be pursued as a civil suit
Legislation cited
- Constitution of India — s. Article 226
Subjects
- Article 226
- Mandamus
- Civil suit
- Rent arrears
- Writ jurisdiction
- Injunction
- Lease deed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38384 of 2026
Deepak Kumar Das
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Piyush Kumar, Ram Chandra Gupta, Suresh
Chandra Gupta
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 the
respondent no. 3 to make payment of arrear of rent of Rs. 16,45,000/- with 12 %
interest till the date of final payment as per lease deed dated 18.10.2023 within a
period as fixed by this Court. "
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.
September 30, 2026
Sanjeev
(Garima Prashad,J.) (Ajit Kumar,J.)
Digitally signed by :-
SANJEEV RANJAN
High Court of Judicature at Allahabad
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