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HIGH COURT OF JUDICATURE AT ALLAHABAD
PRAKASH PADIA
Chanda Devi – Appellant
Versus
State Of U.P. – Respondent
PRAKASH PADIA, J.
1. The petitioner has preferred the present writ petition inter-alia with the prayer to direct the respondents specially Respondent Nos.2, 3 & 4 to demarcate and remove the encroachment made by the Respondent No.5 over the and in dispute, arazi no.640/0.025 hectares situated in village Kalyanpur, Police Station Jafrabad, Pargana Jafrabad Tehsil Sadar, District Jaunpur within stipulated period.
2. Learned Standing Counsel as well as learned counsel appearing on behalf of Gaon Sabha submit that if the petitioner is aggrieved against private individuals then the proper course open for him is to apply for common law remedy.
3. From perusal of the record, it is clear that the petitioner wants relief against the private individuals 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.
4. In this view of the matter, the present petition is dismissed with the liberty to avail the common law remedy, if so advised.
Mandamus cannot be issued against private individuals; aggrieved parties must seek remedies through common law rather than writ jurisdiction.
The main legal point established is that in a private property dispute, the remedy lies in the execution of a civil decree, and a writ of mandamus is not to be issued against a private individual.
Court refrains from exercising writ jurisdiction for encroachment issues due to available civil remedies.
The main legal point established in the judgment is the need to conduct a survey to identify encroachments on public lands and to take appropriate action for their removal under the relevant laws.
Courts cannot decide disputed questions of title in a PIL and may direct parties to seek remedy through civil court proceedings.
The court emphasized the importance of addressing encroachment issues on public utility land and directed the Competent Authority to take an appropriate decision within a specified time frame, in acc....
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