Allahabad High Court
DHARAMPAL SINGHversusSTATE OF UTTAR PRADESH AND 5 OTHERS
- Decided
Holding
The relief sought is an injunction in a civil dispute and is not maintainable under Article 226; the petition is dismissed.
Summary
Petitioner Dharampal Singh filed a writ petition under Article 226 seeking mandamus to protect his life and property and to compel the authorities to decide his application regarding a 1/3 share in a land parcel. The Court observed that the relief sought amounts to an injunction arising out of a civil dispute involving factual issues. It held that such matters are not within the jurisdiction of a writ under Article 226 and that the petitioner should pursue a civil suit. The Court also noted that police and district administration have a duty to maintain law and order if approached. Consequently, the petition was not entertained and was consigned to the records.
Issues considered
- Whether a writ of mandamus under Article 226 can be issued to protect life and property in a civil dispute concerning land possession.
- Whether the petition is maintainable before the High Court or the remedy lies in a civil suit.
Subjects
- Article 226
- mandamus
- injunction
- civil dispute
- property rights
- high court writ petition
- law and order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38579 of 2026
Dharampal Singh
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Parvesh Kumar Pandey
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 present 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 commanding the
respondent authorities to ensure the protection of the life and property of the
petitioner and to prevent the private respondents from illegally interfering with,
threatening, or forcibly dispossessing the petitioner from his lawful possession
over his 1/3rd share in Gata No. 881, situated at Village Jevda, Police Station
Rahra, Tehsil Hasanpur, District Amroha.
ii) issue a writ, order or direction in the nature of Mandamus directing the
respondent authorities, particularly respondents nos. 2 to 5, to consider and
decide the representation/application dated 30.01.2026 submitted by the
petitioner, in accordance with law, within a time-bound period fixed by this
Hon'ble Court"
3. In our considered view, the relief is in the nature of injunctions 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. In the event the petitioner has approached the police authorities or the
District Administration seeking necessary help, it shall be the duty of the
WRIC No. 38579 of 2026
2
police authorities to ensure that law and order is maintained and is not
disturbed by any anti-social element.
5. Subject to aforesaid liberty, this petition is consigned to records.
(Garima Prashad,J.) (Ajit Kumar,J.)
September 24, 2026
Sachin Mishra
Digitally signed by :-
SACHIN MISHRA
High Court of Judicature at Allahabad
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