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
Checking your session…