WRIC/5214/2026 of MOHD. ALAM Vs STATE OF U.P. AND 4 OTHERS on 5 May 2026

1. Heard learned counsel for the petitioner and the learned Standing Counsel for the State.

2. Petitioner by means of the present writ petition has prayed for the following reliefs: "1. Issue a writ order or direction in the nature of Mandamus directing the concerned authorities to ensure protection of the petitioner's peaceful possession over the property in question.

2. Issue a writ order or direction in the nature of Mandamus directing the respondent authorities to take immediate and effective action against Respondent No.5, the Gram Pradhan, for her illegal interference, abuse of public office and unlawful acts."

3. The question as to whether the respondent No.5 is interfering with the peaceful possession over the property in question of the petitioner is a disputed question of fact which cannot be adjudicated upon by this Court in writ jurisdiction, as the said issue can be decided by a competent court of law on the basis of pleadings and evidence on record.

4. Accordingly, we are not inclined to interfere with the relief as prayed for in the writ petition. However, it is open to the petitioner to seek remedy of filing a civil suit under civil law as the dispute is between two private persons.

5. The writ petition is dismissed with the aforesaid liberty. May 6, 2026 Kuldeep Versus Counsel for Petitioner(s) : Astitva Srivastava, Pankaj Kumar Srivastava Counsel for Respondent(s) : C.S.C. (Garima Prashad,J.) (Saral Srivastava,J.) Mohd. Alam .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad