Allahabad High Court
MRS MEENAversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- SIDDHARTH NANDAN
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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