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
- Constitution of India — s. Article 226
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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