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Allahabad High Court

KAMAL SINGHversusSTATE OF U.P. AND 7 OTHERS

Decided

Holding

A writ petition is not maintainable when it seeks relief against a private respondent, and therefore must be dismissed.

Summary

The petitioner, Kamal Singh, filed a writ petition seeking a certiorari to quash a 21 April 2025 order rejecting his representation and a mandamus directing the Sub-Divisional Magistrate of Koil to order police eviction of respondents 4 to 8 from a plot purchased by his wife. The petition was filed against the State of Uttar Pradesh and other respondents, but the relief sought primarily concerned a private respondent. The learned Standing Counsel raised a preliminary objection that the petition was not maintainable because it sought relief against a private party. The Court examined the prayer and upheld the objection, holding that the writ jurisdiction does not extend to disputes between private parties. Consequently, the petition was dismissed as not maintainable, with the Court indicating that the petitioner may pursue alternative remedies under the law.

Issues considered

  • The writ petition is maintainable when the relief sought is against a private respondent

Subjects

  • writ jurisdiction
  • maintainability
  • private respondent
  • certiorari
  • mandamus
  • property dispute

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                                WRIT - C No. - 8042 of 2026

                                    Kamal Singh
                                                                                                        .....Petitioner(s)
                                                                            Versus

                                    State Of U.P. And 7 Others
                                                                                                      .....Respondent(s)

                                    Counsel for Petitioner(s)                              :    Shyam Sunder
                                    Counsel for Respondent(s)                              :    C.S.C.

                                    Court No. - 2
                                                       HON'BLE ATUL SREEDHARAN, J.
                                                       HON'BLE SIDDHARTH NANDAN, J.

                                    1. List has been revised. None appears on behalf of the petitioner.

                                    2. Learned Standing Counsel has made a preliminary objection that the
                                    relief claimed in this petition is against the private respondent and
                                    accordingly, the present writ petition is not maintainable.

                                    3. We have also perused the prayer made in this petition. For ready
                                    reference, the same is quoted below:

                                    a. Issue a writ, order or direction in the nature of certiorari quashing impugned order
                                    dated 21.04.2025 passed by the respondent No.3 whereby rejected the representation
                                    of the petitioner dated 05.08.202 (Annexure No.5).

                                    b. Issue a writ, order or direction in the nature of mandamus directing the S.D.M.,
                                    Koil to issue order to the police of concerned police station to evict the respondent
                                    No.4 to 8 from the plot rakba 28.88 sq gaz (24.15 sq meter) situated in the abadi,
                                    Alhadadpur, Pargana & Tehsil-Koil, Aligarh purchased by the wife of the petitioner
                                    by way registered sale deed.

                                    4. We find the preliminary objection raised by learned Standing Counsel
                                    is sustainable and accordingly, the present writ petition is dismissed as not
                                    maintainable.

                                    5. However, it shall be open to the petitioner to pursue such other
                                    alternative remedy as available to him under the law.


                                                                    (Siddharth Nandan,J.) (Atul Sreedharan,J.)
                                    March 19, 2026
                                    piyush




Digitally signed by :-
PIYUSH KUMAR
High Court of Judicature at Allahabad


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