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Allahabad High Court

RIPUNJAY SINGHversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The petitioner may avail the alternative remedy of filing an appeal, and the writ petition is disposed.

Summary

Ripunjay Singh filed a writ petition challenging an order passed by the State of Uttar Pradesh and four other respondents. The petitioner sought a declaration in paragraph 46 of the petition, asserting that the order could not be appealed. The High Court observed that the declaration was incorrect because the petitioner is entitled to file an appeal under the applicable provisions. Consequently, the court held that the writ petition could not be entertained on that basis. The petition was therefore disposed, with the court granting the petitioner liberty to pursue the appropriate appellate remedy. No substantive merits of the impugned order were decided.

Issues considered

  • Whether the petitioner can file an appeal against the impugned order under the relevant statutory provisions
  • Whether the declaration made in paragraph 46 of the writ petition is correct

Subjects

  • writ petition
  • appeal
  • alternative remedy
  • High Court
  • procedural law

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 4858 of 2026

                                    Ripunjay Singh
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 4 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)       : Rajnish Kumar Srivastava, Siddharth
                                                                      Srivastava
                                    Counsel for Respondent(s)       : C.S.C., Satyendra Nath Tripathi

                                    Court No. - 32
                                               HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Heard learned counsel for the parties.

                                    2. Declaration made in paragraph 46 of writ petition is not correct since
                                    admittedly petitioner can file an appeal under the relevant provisions
                                    against the impugned order, therefore, ignoring the aforesaid incorrect
                                    declaration, this writ petition is disposed of with liberty to the petitioner
                                    to avail alternative remedy.


                                                                                (Saurabh Shyam Shamshery,J.)
                                    May 6, 2026
                                    SB




Digitally signed by :-
SANDEEP BHATTACHARYA
High Court of Judicature at Allahabad


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