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Allahabad High Court

SANTOSH KUMAR KESHARI AND ANOTHERversusSTATE OF UTTAR PRADESH AND 7 OTHERS

Decided

Holding

The relief sought is an injunction arising from a civil dispute and is not maintainable under Article 226; the petition is dismissed.

Summary

Petitioner Santosh Kumar Keshari filed a writ petition under Article 226 of the Constitution seeking a mandamus directing the respondents to protect his legal title and possession over two land parcels in Prayagraj. The Court examined the nature of the relief and held that it amounted to an injunction arising out of a pure civil dispute involving factual questions. Since such matters are not within the jurisdiction of a writ under Article 226, the petitioner was directed to pursue a civil suit for relief. Consequently, the Court declined to grant the writ and consigned the petition to the records. The petition was therefore dismissed.

Issues considered

  • Whether a writ of mandamus under Article 226 can be issued to enforce title and possession of land in a civil dispute
  • Whether the relief sought is maintainable before the High Court or must be pursued through a civil suit

Legislation cited

Subjects

  • writ petition
  • mandamus
  • Article 226
  • civil dispute
  • injunction
  • land possession
  • High Court

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                WRIT - C No. - 38418 of 2026

                                    Santosh Kumar Keshari And Another
                                                                                                                .....Petitioner(s)
                                                                               Versus
                                    State Of Uttar Pradesh And 7 Others
                                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)              :    Rajendra Kumar Ojha, Shiv Kumar Kesari
                                    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 and 4 to ensure full protection of the petitioners' legal title and
                                    physical possession over Gata No. 295/1 and Gata No. 299/1 (total area 0.0559
                                    hectare) situated at Mauza Jagdishpur, Tehsil Karchhana, District Prayagraj
                                    forthwith."

                                    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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