Allahabad High Court · 2026-02-24
WRIT - C No. 5177 of 2026 at Allahabad
- Citation / case number
- WRIT - C No. 5177 of 2026 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- WRIT - C No. 5177 of 2026 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 5177 of 2026 Lal Bakhsh And 3 Others .....Petitioner(s) Versus State Of Up And 6 Others .....Respondent(s) Counsel for Petitioner(s) : Kandarp Dwivedi, Rajjan Verma Counsel for Respondent(s) : C.S.C. Court No. - 6 HON'BLE PRAKASH PADIA, J. 1. The petitioner has preferred present writ petition inter-alia with the following prayer :- "A. Issue an ad-interim mandamus commanding and directing the respondent no. 3 to pass suitable order or direction to restraining to respondent no.4 to stop the illegal construction with immediate effect upon the Khata no. 00782 relating the Gata No. 4326 to evict the respondent no. 4 (unauthorized encroacher) in view of the provision U/S 167, 209, and 207 of the UP;.Z.A.L.R. Act." 2. From perusal of the record, it is clear that the petitioner wants relief against the private individuals namely respondents no.4 to 7 which cannot be granted 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. In this view of the matter, the present petition is dismissed with the liberty to a