Created by Fuzzy Cloud

Allahabad High Court

SURENDRA PRASAD TIWARIversusCOMMANDANT GENERAL OF HOME GUARDS STATE OF UP AND 2 OTHERS

Decided

Holding

The petition is dismissed because the petitioner has an alternative remedy of appeal.

Summary

Petitioner Surendra Prasad Tiwari challenged the cancellation of his appointment/enlistment in the Home Guards by an order dated 18.08.2026, seeking a writ of certiorari to quash the order and remove his name from the nominal roll. The respondent State Home Guards filed a preliminary objection that the petitioner had an alternative remedy of filing an appeal against the cancellation order. The Court examined the objection and held that the existence of an alternative remedy barred the petition. Consequently, the Court declined to entertain the writ petition. The petition was disposed, with liberty granted to the petitioner to pursue the appeal available under law.

Issues considered

  • Whether a writ petition can be entertained when the petitioner has an alternative remedy of appeal against the impugned order

Subjects

  • writ jurisdiction
  • alternative remedy
  • certiorari
  • administrative law
  • home guards
  • appointment cancellation

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                                 WRIT - A No. - 15873 of 2026

                                    Surendra Prasad Tiwari
                                                                                                           .....Petitioner(s)
                                                                             Versus

                                    Commandant General Of Home Guards State Of
                                    Up And 2 Others                                                      .....Respondent(s)

                                    Counsel for Petitioner(s)             : Santosh       Kumar         Pandey,    Saurabh
                                                                            Tripathi
                                    Counsel for Respondent(s)             : C.S.C.

                                    Court No. - 33
                                                       HON'BLE MANISH KUMAR NIGAM, J.

                                    1. Heard learned counsel for the petitioner, learned Standing Counsel for
                                    State-respondents and perused the record.

                                    2. The present petition has been filed with the following prayer:

                                            "Issue a writ, order or direction in the nature of Certiorari quashing the
                                            order dated 18.08.2026, bearing Letter No. 663/अवै०स्था०/निष्कासन
                                            पत्रा०/2026 (Annexure No.8), passed by the District Commandant, Home
                                            Guards,      Siddharth      Nagar,        whereby     the      petitioner's
                                            appointment/enlistment has been cancelled and his name has been
                                            directed to be removed from the Nominal Roll."

                                    3. Learned Standing Counsel has raised a preliminary objection that the
                                    petitioner has an alternative remedy of filing appeal against the order
                                    impugned.

                                    4. Since the petitioner has an alternative remedy, I am not inclined to
                                    entertain the instant petition.

                                    5. Accordingly, the petition is disposed of with liberty to the petitioner to
                                    avail the remedy as available to him under law.



                                                                                             (Manish Kumar Nigam,J.)
                                    September 30, 2026
                                    Ved Prakash




Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.