Allahabad High Court directed the petitioner to use alternate remedy. (Image generated using AI)The Allahabad High Court recently observed that settlement of disputes relating to property rights between the private persons or even against the state cannot be adjudicated under Article 226 of the constitution.A division bench comprising Justices Mahesh Chandra Tripathi and Kunal Ravi Singh was hearing a plea seeking directions to remove alleged encroachment and demolish a tubewell structure allegedly raised on petitioner’s property.“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 court held in its order dated March 26. A bench of Justices Mahesh Chandra Tripathi and Kunal Ravi Singh disposed of the plea.The petitioner had sought directions to remove alleged illegal encroachment from his land including a board mentioning the petitioner’s land as park ‘Shardapuri Colony’.He further sought directions to remove the alleged illegal construction of a tubewell on his land.In his plea, the petitioner also sought protection from interference in his possession and permission to construct a boundary wall.At the outset, counsel for the contesting respondents raised objections to the maintainability of the petition, arguing that the claims were based on disputed facts and revenue reports, and that the petitioner had an alternative efficacious remedy before the competent civil or revenue court.Story continues below this adAlso Read | Can’t ignore mother’s plea: Allahabad High Court gives woman another chance to secure access to 20-month-old sonIt was submitted that the relief sought before the court was based only on a report submitted in the petitioner’s favour by the revenue officials.The court framed the issue as- whether the writ petition is maintainable for enforcement of such disputed rights, which are claimed against the private individuals or even against the state.Accepting the objection, the court held that disputes relating to property rights, whether between private parties or involving the State, are ordinarily not amenable to writ jurisdiction.It reiterated that such issues require adjudication through regular suits where evidence can be properly examined.Story continues below this ad“The settlement of dispute relating to property rights between the private persons or even against the State, the Same cannot be adjudicated or pressed under Article 226 of the Constitution of India. It is repeatedly held by the Hon’ble Apex Court as well as this Court that regular suit is the appropriate remedy for settlement of disputes relating to the property rights,” the bench noted.It held that the jurisdiction under Article 226 of the Constitution is special and extraordinary and cannot be exercised casually or lightly.Declining to adjudicate the merits, the court disposed of the petition while granting the petitioner liberty to approach the appropriate civil or revenue forum for relief.Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More © IE Online Media Services Pvt LtdTags:allahabad high court