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Allahabad High Court

MOHD. ALAMversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The Court held that the dispute involves a contested question of fact and must be decided by a civil suit, thus dismissing the writ petition.

Summary

Petitioner Mohd. Alam filed a writ petition seeking mandamus directing authorities to protect his peaceful possession of a property and to act against the Gram Pradhan for alleged illegal interference. The Court examined whether it could entertain the petition, noting that the alleged interference is a disputed question of fact. It held that such factual disputes between private parties are for a competent civil court, not the High Court in writ jurisdiction. Consequently, the Court declined to grant the reliefs sought. The petition was dismissed, with liberty to the petitioner to file a civil suit.

Issues considered

  • Whether the High Court can entertain a writ petition for mandamus to protect peaceful possession when the matter involves a disputed question of fact.
  • Whether the Court can direct action against a Gram Pradhan for alleged abuse of public office in a private property dispute.

Subjects

  • Writ jurisdiction
  • Mandamus
  • Peaceful possession
  • Private dispute
  • Civil suit
  • Question of fact
  • Public officer interference

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                                    WRIT - C No. - 5214 of 2026

                                    Mohd. Alam
                                                                                                            .....Petitioner(s)
                                                                               Versus

                                    State Of U.P. And 4 Others
                                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s)               : Astitva Srivastava,          Pankaj     Kumar
                                                                              Srivastava
                                    Counsel for Respondent(s)               : C.S.C.

                                    Court No. - 40
                                                            HON'BLE SARAL SRIVASTAVA, J.
                                                            HON'BLE GARIMA PRASHAD, J.

                                    1. Heard learned counsel for the petitioner and the learned Standing
                                    Counsel for the State.

                                    2. Petitioner by means of the present writ petition has prayed for the
                                    following reliefs:

                                              "1. Issue a writ order or direction in the nature of Mandamus directing
                                              the concerned authorities to ensure protection of the petitioner's peaceful
                                              possession over the property in question.

                                              2. Issue a writ order or direction in the nature of Mandamus directing the
                                              respondent authorities to take immediate and effective action against
                                              Respondent No.5, the Gram Pradhan, for her illegal interference, abuse of
                                              public office and unlawful acts."

                                    3. The question as to whether the respondent No.5 is interfering with the
                                    peaceful possession over the property in question of the petitioner is a
                                    disputed question of fact which cannot be adjudicated upon by this Court
                                    in writ jurisdiction, as the said issue can be decided by a competent court
                                    of law on the basis of pleadings and evidence on record.

                                    4. Accordingly, we are not inclined to interfere with the relief as prayed
                                    for in the writ petition. However, it is open to the petitioner to seek
                                    remedy of filing a civil suit under civil law as the dispute is between two
                                    private persons.

                                    5. The writ petition is dismissed with the aforesaid liberty.


                                                                           (Garima Prashad,J.) (Saral Srivastava,J.)
                                    May 6, 2026
                                    Kuldeep




Digitally signed by :-
KULDEEP SINGH
High Court of Judicature at Allahabad


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