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Allahabad High Court

BANARSI PATELversusSTATE OF UP AND 8 OTHERS

Decided

Holding

The Court held that the petition is a civil dispute and therefore a writ of mandamus cannot be issued, leading to dismissal of the petition.

Summary

Petitioner Banarsi Patel filed a writ petition under Article 226 seeking a mandamus directing certain respondents to free his land of all encumbrances. The Court held that the relief sought amounts to an injunction arising from a pure civil dispute involving factual questions. Accordingly, the Court directed that the petitioner should pursue a civil suit instead of a writ petition. It also clarified that police and district authorities should not intervene in civil disputes unless law and order demands. The petition was therefore not entertained and was consigned to the records.

Issues considered

  • Whether a writ of mandamus under Article 226 can be issued to resolve a civil dispute concerning land encumbrances
  • Whether the High Court has jurisdiction to grant injunctions in matters involving factual disputes

Subjects

  • Article 226
  • mandamus
  • civil dispute
  • injunction
  • jurisdiction
  • high court

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                               WRIT - C No. - 39884 of 2026

                                    Banarsi Patel
                                                                                                       .....Petitioner(s)
                                                                           Versus

                                    State Of Up And 8 Others
                                                                                                     .....Respondent(s)

                                    Counsel for Petitioner(s)          : Kunwor Pratap Singh, Lok Nath Shukla
                                    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. to issue a writ, order or direction in the nature of mandamus directing the
                                    respondent nos.2 and 3 to see that the land of Gata no. 104Min situated at village
                                    Gopalpur, Tahsil Mugalsarai, District Chandauli which belongs to the petitioner may
                                    be made free from all encumbrances at the behest of the respondent nos. 5,6 and 7."

                                    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. However, we
                                    clarify that the Police Authorities and the District Administration shall not
                                    interfere in any manner in a matter of civil dispute between the parties,
                                    except when the law and order situation so demands.

                                    4. Subject to aforesaid liberty, this petition is consigned to records.




                                                                            (Garima Prashad,J.) (Ajit Kumar,J.)
                                    October 1, 2026
                                    Lbm/-




Digitally signed by :-
LAL BAHADUR MAURYA
High Court of Judicature at Allahabad


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