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Allahabad High Court

SATYAPALversusSTATE OF U.P. AND 11 OTHERS

Decided

Holding

The Court held that the factual dispute over interference with possession cannot be adjudicated by writ jurisdiction and therefore dismissed the petition.

Summary

Petitioner Satyapal filed a writ petition seeking a mandamus directing certain respondents not to construct a sewerage Nali on his Bhumidhari land in Harduttpur, Badaun. The petition raised the issue of alleged interference with his peaceful possession by respondents No.7 to 12. The High Court held that the question of interference is a factual dispute that cannot be decided under writ jurisdiction and must be resolved by a civil suit. Consequently, the Court declined to grant the mandamus relief. The petition was dismissed, with the Court directing the petitioner to pursue a civil suit for his remedy.

Issues considered

  • Can the High Court issue a mandamus to restrain construction of a sewerage Nali on private land?
  • Is a factual dispute regarding interference with possession justiciable under writ jurisdiction?
  • Should the petitioner be directed to file a civil suit instead of seeking relief through a writ petition?

Subjects

  • writ petition
  • mandamus
  • civil suit
  • factual dispute
  • possession
  • construction
  • sewerage
  • High Court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                                   WRIT - C No. - 6072 of 2026

                                    Satyapal
                                                                                                           .....Petitioner(s)
                                                                               Versus

                                    State Of U.P. And 11 Others
                                                                                                         .....Respondent(s)

                                    Counsel for Petitioner(s)                     :     Dr.Om Prakash Yadav
                                    Counsel for Respondent(s)                     :     C.S.C., Sher Bahadur Singh

                                    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:

                                              "(i) issue a writ, order or direction in the nature of mandamus directing
                                              the respondent nos.4, 5 and 6 not to make any construction of sewerage
                                              Nali of village over the Bhumidhari Land of petitioner's Gata No.550
                                              situate at Village Harduttpur, Block/Tahsil Sahaswan, District Badaun."

                                    3. The question as to whether the respondent Nos.7 to 12 are 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 the
                                    private persons.

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



                                                                          (Garima Prashad,J.) (Saral Srivastava,J.)
                                    May 7, 2026
                                    Kuldeep




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

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