Allahabad High Court

KIRAN PANDEYversusBHAGGU (SINCE DECEASED) AND 7 OTHERS

Decided: 4 May 2026
Bench: VIKAS BUDHWAR

Holding

A petitioner may raise any legal and factual grounds that are tenable under law, even if an amendment application was previously rejected.

Summary

In this writ petition under Article 227, Kiran Pandey challenged the rejection of an amendment application filed in a related appeal. The petitioner’s counsel, Arvind Kumar Shukla, argued that despite the rejection, the present petition was filed and that the petitioner should be allowed to raise all legal and factual grounds available. The Court observed that a petitioner is always free to invoke any grounds permissible under law, irrespective of the earlier amendment denial. No substantive merits of the petition were discussed, and the Court did not entertain any specific relief. Consequently, the writ petition was disposed of without granting any relief. The judgment underscores the principle that parties may raise all tenable grounds in a petition.

Issues considered

Whether a petitioner can raise additional legal and factual grounds after the rejection of an amendment application in a related appeal?

Subjects

Article 227
writ petition
amendment application
legal grounds
High Court of Allahabad

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 6192 of 2026

                                    Kiran Pandey
                                                                                                  .....Petitioner(s)
                                                                        Versus

                                    Bhaggu (Since Deceased) And 7 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)        : Arvind Kumar Shukla, Gopal Krishna
                                                                       Pandey
                                    Counsel for Respondent(s)        :


                                    Court No. - 5
                                                          HON'BLE VIKAS BUDHWAR, J.

                                    1. Sri Arvind Kumar Shukla, learned counsel for the petitioner has made a
                                    statement at Bar that though against the rejection of the amendment
                                    application in the appeal, the present petition has been preferred, however,
                                    today arguments have been heard and judgment has been reserved. He thus
                                    submits that in case, the order is passed against the present petitioner, then
                                    liberty be accorded to take all the grounds, which are tenable in the eyes of
                                    law including the grounds, which are taken in the present petition.

                                    2. In the opinion of the Court, it is always open for the petitioner party to
                                    take all the legal and factual grounds, which are available in law in that
                                    regard.

                                    3. With the aforesaid observation, the writ petition stands disposed of.

                                    May 5, 2026
                                    N.S.Rathour

                                                                                             (Vikas Budhwar,J.)




Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad

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