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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