Allahabad High Court
WRIC/5390/2026 of SMT. PRABHAVATI Vs STATE OF U.P. AND 6 OTHERS on 15 September 2026
JUDICATURE AT ALLAHABAD WRIT - C No. - 5390 of 2026 Court No. - 5 HON'BLE PRAKASH PADIA, J. HON'BLE VIVEK SARAN, J. 1. The petitioner has preferred present writ petition inter-alia with the following prayer :- "I. Issue a writ, order or direction in the nature of mandamus directing the
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 5390 of 2026
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
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1. The petitioner has preferred present writ petition inter-alia with the following prayer :- "I. Issue a writ, order or direction in the nature of mandamus directing the respondent authorities specially respondent no.2 to consider and decide the representation of the petitioner dated 27.1.2026 within stipulated period.
II. Issue a writ, order or direction in the nature of mandamus directing the respondent no.2, 3 and 4 to consider and decide the representation of the petitioner dated 27.1.2026 within stipulated period."
2. From perusal of the record, it is clear that the relief has been sought by the petitioner in the writ petition against the private individuals/respondents no.5, 6 and 7 namely Ram Pratap, Krishna Pratap and Prabhavati which cannot be adjudicated under writ jurisdiction. Law in this connection is well settled that mandamus cannot be issued against the private individuals and the appropriate remedy lies under the common law.
3. Apart from the same, from perusal of the record, it is clear that a Civil Suit being Case No.196 of 2016 is pending consideration in the Court of Civil Judge (Senior Division), Kushinagar
4. In this view of the matter, without adjudicating the matter on merits, the present petition is dismissed with liberty to the petitioner to raise all the factual disputes as has been raised in the present petition in the pending civil suit. September 16, 2026 Gaurav Kuls Versus Counsel for Petitioner(s) : Chintamani Prajapati, Mohd Adil Counsel for Respondent(s) : C.S.C. (Vivek Saran,J.) (Prakash Padia,J.) Smt. Prabhavati .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad