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Allahabad High Court

SMT. VIBHA SINGHversusSTATE OF U.P. AND OTHERS

Decided

Holding

The writ petition was dismissed because the petitioner had an alternative statutory remedy to challenge the order.

Summary

The petitioner, Smt. Vibha Singh, filed Writ Petition (A) No. 66868 of 2010 before the Allahabad High Court challenging an order passed by the State of U.P. and others. The respondent raised a preliminary objection that the petitioner had an alternative statutory remedy, namely filing an appeal against the impugned order. The court examined whether the writ petition was maintainable in view of the existence of that alternative remedy. It held that the presence of a statutory appeal barred the writ petition as an alternative remedy was available. Consequently, the petition was dismissed. The order was dated 10 April 2023 and signed by Justice Vipul Pratap Gogal.

Issues considered

  • What is the maintainability of the writ petition when an alternative statutory appeal is available?

Subjects

  • writ petition
  • maintainability
  • alternative remedy
  • statutory appeal
  • dismissal

Judgment

                                        Court No. - 38

                                        Case :- WRIT - A No. - 66868 of 2010

                                        Petitioner :- Smt. Vibha Singh
                                        Respondent :- State of U.P. and Others
                                        Counsel for Petitioner :- S. K. Pundir,Abhishek Yadav,Shri
                                        Ashok Khare,Tulsi Singh Yadav
                                        Counsel for Respondent :- C. S. C.,Pramod Jain,Ram Prakash
                                        Srivastava

                                        Hon'ble Saurabh Srivastava,J.

                                        Heard learned counsel for petitioner as well as Sri Pramod Jain,
                                        learned counsel for the respondent.

                                        At the very outset learned counsel for the respondent raised a
                                        preliminary objection regarding maintainability of this petition on
                                        the ground that the petitioner has an alternative remedy of
                                        preferring statutory appeal to challenge the order impugned in the
                                        present petition.

                                        Accordingly, this petition stands dismissed on the ground of
                                        alternative remedy.

                                        Order Date :- 10.4.2023
                                        Vipul




Digitally signed by :-
VIPUL PRATAP GOGAL
High Court of Judicature at Allahabad


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