This court dismissed a writ petition seeking direction to comply with a government order regarding illegal encroachment. The court held that writs under Article 226 are not ordinarily maintainable against private parties without public duties, directing the petitioners to approach civil or revenue courts.
Writ petition disposed of.
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.
Neutral Citation No. - 2023:AHC:189503-DB
Court No. - 40
Case :- WRIT - C No. - 29427 of 2023
Petitioner :- Kailash Singh And 2 Others Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Brijesh Kumar Kesharwani,Ashwani Kumar Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
Order Date :- 3.10.2023 SP/
Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad
2 issues framed by the court
Whether a writ petition under Article 226 is maintainable for enforcement of common law rights to protect property against private respondents.
Whether there are adequate and efficacious alternative remedies available to the petitioners in such matters.
1 provisions across 1 enactments
Kailash Singh And 2 Others
State Of U.P. And 10 Others
Mahesh Chandra Tripathi
Prashant Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
