Allahabad High Court
SMT. PRABHAVATIversusSTATE OF U.P. AND 6 OTHERS
- Decided
Holding
Mandamus cannot be issued against private individuals; the writ petition is dismissed.
Summary
Petitioner Smt. Prabhavati filed a writ petition seeking mandamus directing the State of U.P. and other respondents to consider her representation dated 27 January 2026 within a stipulated period, and also sought the same against private individuals Ram Pratap, Krishna Pratap and Prabhavati. The Court observed that mandamus cannot be issued against private individuals and that such matters must be pursued under the common law. It also noted that a civil suit (Case No.196 of 2016) concerning the same dispute is pending before the Civil Judge (Senior Division), Kushinagar. Consequently, the Court dismissed the writ petition without reaching the merits, granting the petitioner liberty to raise her factual disputes in the pending civil suit. The dismissal was ordered on 16 September 2026.
Issues considered
- Can a writ of mandamus be issued against private individuals?
- Is the writ petition maintainable when a civil suit on the same matter is pending?
Subjects
- writ petition
- mandamus
- private individuals
- jurisdiction
- civil suit
- High Court
- Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 5390 of 2026
Smt. Prabhavati
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Chintamani Prajapati, Mohd Adil
Counsel for Respondent(s) : C.S.C.
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. The petitioner has preferred present writ petition inter-alia with the
following prayer :-
"I. Issue a writ, order or direction in the nature of mandamus directing
the respondent authorities specially respondent no.2 to consider and
decide the representation of the petitioner dated 27.1.2026 within
stipulated period.
II. Issue a writ, order or direction in the nature of mandamus directing
the respondent no.2, 3 and 4 to consider and decide the representation of
the petitioner dated 27.1.2026 within stipulated period."
2. From perusal of the record, it is clear that the relief has been sought by the
petitioner in the writ petition against the private individuals/respondents
no.5, 6 and 7 namely Ram Pratap, Krishna Pratap and Prabhavati which
cannot be adjudicated under writ jurisdiction. Law in this connection is well
settled that mandamus cannot be issued against the private individuals and
the appropriate remedy lies under the common law.
3. Apart from the same, from perusal of the record, it is clear that a Civil
Suit being Case No.196 of 2016 is pending consideration in the Court of
Civil Judge (Senior Division), Kushinagar
4. In this view of the matter, without adjudicating the matter on merits, the
present petition is dismissed with liberty to the petitioner to raise all the
factual disputes as has been raised in the present petition in the pending civil
suit.
September 16, 2026
Gaurav Kuls
(Vivek Saran,J.) (Prakash Padia,J.)
Digitally signed by :-
GAURAV KULSHRESTHA
High Court of Judicature at Allahabad
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