Allahabad High Court
AJAY KUMAR YADAVversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as the dispute is a private law matter that must be pursued in a civil court.
Summary
The petitioners, Ajay Kumar Yadav, filed a writ petition in the Allahabad High Court seeking a mandamus directing the Sub‑Registrar of Tehsil Soraon to decide an application dated 11‑09‑2026 and to refrain from interfering with their peaceful possession of land comprising Gata Nos. 294 and 202 in Prayagraj. The petition alleged that the respondents were interfering with their possession and asked the Court to issue directions to the Sub‑Registrar. The Court observed that the dispute is a matter of private law concerning land ownership and possession, which is not amenable to writ jurisdiction. It held that the appropriate remedy is to institute a civil suit before a court of competent jurisdiction. Consequently, the writ petition was dismissed, with liberty granted to the petitioner to approach a civil court for relief.
Issues considered
- Whether a writ petition under Article 226 can be entertained for a private law dispute relating to land possession.
- Whether a mandamus can be issued against a Sub‑Registrar to decide an application and restrain interference in possession.
Subjects
- writ jurisdiction
- mandamus
- private law
- land dispute
- civil suit
- sub-registrar
- possession
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 39391 of 2026
Ajay Kumar Yadav
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajay Kumar Pandey, Yagyavalkya
Pandey
Counsel for Respondent(s) : C.S.C.
Court No. - 2
HON'BLE J.J. MUNIR, J.
HON'BLE INDRAJEET SHUKLA, J.
The dispute, which has given rise to this writ petition is a lis arising under
the private law relating to gata nos.294 and 202 situate at Majua Phulpur
Urf Lossanpur, Pargana Mirzapur Chouhari, District Prayagraj between
the petitioner on one hand and the respondents on the other.
The petitioner wants us to issue a mandamus directing respondent no.3,
Sub-Registrar, Tehsil Soraon, District Prayagraj to decide some
application dated 11.09.2026 moved by the petitioner by a reasoned order
where the relief sought is a direction to the respondents not to interfere in
the peaceful possession of land comprising gata nos.294 and 202, last
mentioned. The other relief is substantially to the same effect.
Since the dispute between parties arises under the private law, the
petitioner's remedy is to institute a suit before a Court of competent civil
jurisdiction and not by way of writ petition seeking directions to
irrelevant authorities in the terms that the petitioner has sought.
We do not find any merit in this petition. It is hereby dismissed.
The petitioner will have liberty to move the Civil Court of competent
jurisdiction if so advised.
(Indrajeet Shukla,J.) (J.J. Munir,J.)
September 29, 2026
S.P.
Digitally signed by :-
SANJAY PURI
High Court of Judicature at Allahabad
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