Allahabad High Court
ONKAR NATH GAUNDversusTHE STATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The court held that where an alternative remedy of appeal exists, the writ petition should not be entertained and is dismissed.
Summary
Onkar Nath Gaund filed a writ petition (Writ‑A No. 15913 of 2026) challenging an order dated 30‑09‑2023 passed by respondent No. 4. The petition was opposed by the learned Standing Counsel who raised a preliminary objection that the petitioner had an alternative remedy of filing an appeal. The High Court examined whether it could interfere despite the existence of that alternative remedy. The Court held that because an appeal was available, it would not interfere with the order. Consequently, the petition was dismissed, with liberty granted to the petitioner to pursue the appeal.
Issues considered
- Whether a writ petition should be dismissed when an alternative remedy of appeal is available to the petitioner?
Subjects
- preliminary objection
- alternative remedy
- writ petition
- dismissal
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15913 of 2026
Onkar Nath Gaund
.....Petitioner(s)
Versus
The State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Devesh Mishra
Counsel for Respondent(s) : C.S.C.
Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.
1. This petition has been filed challenging the order dated 30.09.2023
passed by respondent No. 4.
2. A preliminary objection has been raised by learned Standing Counsel
that against the order impugned, the petitioner has alternative remedy of
filing appeal.
3. In view of the availability of alternative remedy, I am not inclined to
interfere in the matter.
4. Accordingly, the petition is dismissed with liberty to the petitioner to
avail the remedy as available to him under law.
(Manish Kumar Nigam,J.)
September 30, 2026
Nitika Sri.
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
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