The petitioner sought mandamus to stop interference in his possession of land by a neighbor. The Court held that it cannot exercise writ jurisdiction in disputes between private individuals. The petition was dismissed as misconceived.
Petition dismissed; no mandamus granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 39
Case :- WRIT - C No. - 8458 of 2020
Petitioner :- Moti Lal Swarnkar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Abhishek Pandey Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Deepak Verma,J.
Heard Sri Praveen Saini, learned counsel appearing on behalf of the petitioner.
The petitioner has prayed for a mandamus commanding the respondents not to interfere in his peaceful possession over Khasra No.49, measuring area 141.12 sq. meters situated at Ward No.3, Mohalla Bhagautiganj, Nagar Panchayat, Sarai Akil, Tehsil Chail, District Kaushambi.
Upon query made by the Court from learned counsel for the petitioner as to who is interfering in the possession of the petitioner, he states that it is being done by respondent No.5Kamla Devi, neighbour of the petitioner.
It is evident from the material placed on record that there is dispute relating to demarcation between petitioner and respondent No.5. No occasion arises for this Court to exercise writ jurisdiction in a dispute between two private individuals.
The petition is wholly misconceived and is, accordingly, dismissed.
Order Date :- 2.9.2021 Nitin Verma
3 issues framed by the court
Whether the Court can exercise writ jurisdiction in a dispute between two private individuals regarding possession.
Whether the petitioner's petition for mandamus commanding non-interference is well-founded.
Whether an aminal dispute regarding demarcation is maintainable under Article 226.
Moti Lal Swarnkar
State Of U.P.
4 Others
Manoj Kumar Gupta
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
