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Allahabad High Court

MRS MEENAversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

A writ petition under Article 226 is not maintainable against a private limited company.

Summary

Mrs. Meena filed a writ petition challenging an order dated 03.09.2026 issued by M/s Nirmal Facility Management Service Private Limited. The respondents, including the State of U.P., raised a preliminary objection that the order was passed by a private limited company, and therefore the petition could not be maintained under Article 226 of the Constitution. The Court agreed that a writ petition cannot be filed against a private service provider under Article 226. Consequently, the petition was dismissed as non‑maintainable, with the Court indicating that the petitioner may seek any available civil remedy. No costs were awarded.

Issues considered

  • Whether a writ petition under Article 226 of the Constitution of India is maintainable against a private limited company

Subjects

  • writ petition
  • maintainability
  • Article 226
  • private limited company
  • civil remedy

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                               WRIT - A No. - 15857 of 2026

                                    Mrs Meena
                                                                                                     .....Petitioner(s)
                                                                         Versus

                                    State Of U.P. And 5 Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)                      :    R.K. Singh Rajput
                                    Counsel for Respondent(s)                      :    C.S.C.

                                    Court No. - 6
                                                     HON'BLE SIDDHARTH NANDAN, J.

                                    1. Heard Sri R.K. Singh Rajput, Advocate on behalf of petitioner and
                                    learned Standing Counsel for the respondents.

                                    2. The preliminary objection has been raised by the learned Standing
                                    Counsel that the impugned order dated 03.09.2026 has been passed by a
                                    private limited company, i.e. M/s Nirmal Facility Management Service
                                    Private Limited, and as such, the present writ petition is not maintainable
                                    against the same.

                                    3. Counsel for the petitioner, being confronted with the aforesaid
                                    proposition as to whether a writ petition can be said to be maintainable
                                    against a private service provider, does not dispute that the writ petition is
                                    not maintainable under Article 226 of the Constitution of India.

                                    4. In view of the aforesaid, no relief can be granted and the present writ
                                    petition is dismissed as being not maintainable.

                                    5. However, it shall be open to the petitioner to avail of, such civil remedy
                                    as may be available under law.

                                    6. No order as to costs.




                                                                                              (Siddharth Nandan,J.)
                                    September 29, 2026
                                    piyush




Digitally signed by :-
PIYUSH KUMAR
High Court of Judicature at Allahabad


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