Petitioner sought writ mandamus for eviction of private encroacher. Court held writ jurisdiction under Article 226 cannot issue injunction against private persons and directed filing of civil suit, dismissing the petition.
Petition dismissed as writ jurisdiction cannot issue injunction against private person.
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Court No. - 1
Case :- WRIT - C No. - 32790 of 2019
Petitioner :- Abdul Basid Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shakeel Ahmad Azmi,Mohd. Ibrar Khan Counsel for Respondent :- C.S.C.,Vineet Sankalp
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri Shakeel Ahmad Azmi, learned counsel for the petitioner, Sri Vineet Sankalp, learned Counsel appearing for the respondent nos.3 and 4 and learned Standing Counsel for respondent nos.1 and 2 and perused the record.
The petitioner in this petition has prayed for following relief:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to vacate the house of the petitioner who are illegally living in the portion of the house and not to interfere in the peaceful possession of the petitioner and his brother of the house".
In our considered opinion the petitioner is aggrieved against the unauthorized encroachment made by respondent no.5 who is private respondent. In a writ jurisdiction under Article 226 of the Constitution of India, no injunction can be issued against a private person and if a party is aggrieved by a private person, proper remedy available to him is to file a civil suit.
In view of the above the writ petition is dismissed, consigned to records.
(Ajit Kumar, J.) (Ramesh Sinha, J.)
Order Date :- 15.10.2019 Gaurav
1 issue framed by the court
Whether an injunction against private encroachment can be issued in writ jurisdiction under Article 226.
Abdul Basid
State Of U.P.
4 Others
Ramesh Sinha
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
