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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