Shri Dauji Maharaj Virajman Mandir v. State of U.P. and 2 Others

Court No. - 40 Case :- WRIT - C No. - 37620 of 2023 Petitioner :- Shri Dauji Maharaj Virajman Mandir Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Madhukar Maurya Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1Heard Shri Madhukar Maurya, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

¶2By means of the present writ petition, the petitioner has prayed for a writ of mandamus directing the respondent nos. 2 & 3 not to interfere with the applicant's peaceful possession and construction thereon by applicant.

¶3In pith and substance, the petitioner has approached this Court by invoking the writ jurisdiction restraining the State-respondents not to interfere in peaceful possession of the land in dispute. The petitioner is seeking enforcement of common law rights for protection of his property.

¶4The core issue before us is whether the writ jurisdiction in the High Court is available for enforcement of such right claimed by and against private respondents. It has repeatedly been held by this Court that regular suit for injunction is the appropriate remedy for settlement of dispute relating to property rights between the private persons and the remedy under Article 226 of the Constitution of India shall not be available, except where violation of some statutory duty on the part of a statutory authority alleged.

¶5The High Court cannot allow the constitutional jurisdiction to be used for deciding disputes for which remedies, under general law, civil or criminal, are available. The jurisdiction under Article 226 of Constitution of India is special and extraordinary and should not be exercised casually or lightly.

¶6Considering the facts and circumstances of the case, we find substance in the objection raised by learned Standing Counsel and as such we are not inclined to entertain this petition on merits. Needless to say, it is always open to the petitioner to invoke the remedy as available in law.

¶7The writ petition stands disposed of accordingly. Order Date :- 1.11.2023/ Rama Kant High Court of Judicature at Allahabad