Single judge of the Allahabad High Court dismissed a writ petition challenging a private land dispute. The court held the matter could not be entertained under Article 226.
Writ petition filed for interdicting construction and resolving pending representation was rejected as it pertained to a private dispute.
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Neutral Citation No. - 2023:AHC:230764
Court No. - 51
Case :- WRIT - C No. - 39150 of 2023
Petitioner :- Phool Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Deepak Kumar Srivastava Counsel for Respondent :- C.S.C.,Azad Rai
Hon'ble Chandra Kumar Rai,J.
"i) Issue a writ order or direction in the nature of mandamus direct to the respondents restrain the construction over the Gata no.278, situated Village Panchayat Bhagautipur, Pargana- Nawabgnaj, TehsilSoraon, Prayagraj.
ii) Issue a writ order or direction in the nature of mandamus decide the matter and all representation dated 07.07.2023 is pending before the respondent no.2 and 3 till date.
iii) Issue any suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case to meet the end of justice.
iv) To award the cost of the petition in favour of the petitioner."
Order Date :- 6.12.2023 C.Prakash
Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad
1 issue framed by the court
Whether a private land dispute between individuals falls within the scope of the court's writ jurisdiction under Article 226 of the Constitution.
1 provisions across 1 enactments
Phool Singh
State Of U.P.
4 Others
Chandra Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
