Allahabad High Court
UDAY PRATAP SINGHversusUNION OF INDIA AND 5 OTHERS
- Decided
Holding
The High Court held that the writ petition is not maintainable as the relief sought against DFCCI requires a statutory notification, which is absent, and the grievance must be pursued through other appropriate remedies.
Summary
The petitioner filed a writ petition seeking a direction to the Dedicated Freight Corridor Corporation of India Ltd (DFCCI) to appoint him under a 2010 assurance that land losers would be given railway appointments. The Central Administrative Tribunal (CAT) dismissed the original application as not maintainable because no statutory notification existed to support such appointment. The petitioner challenged the CAT order before the Allahabad High Court, contending that the assurance created a binding obligation. The Court examined whether the writ petition was maintainable and whether the petitioner could claim appointment in the absence of a requisite notification. Concluding that the relief sought against DFCCI could not be pursued before the CAT and that the grievance must be addressed through a different remedy, the Court dismissed the writ petition.
Issues considered
- Whether the writ petition challenging the CAT order is maintainable under Article 226.
- Whether the petitioner is entitled to appointment by DFCCI based on the 2010 assurance in the absence of a statutory notification.
- Whether the appropriate remedy for the grievance lies elsewhere.
Subjects
- appointment
- land acquisition
- Dedicated Freight Corridor Corporation of India
- maintainability
- writ petition
- Central Administrative Tribunal
- assurance
- remedy
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6741 of 2026
Uday Pratap Singh
.....Petitioner(s)
Versus
Union of India and 5 others
.....Respondent(s)
Counsel for Petitioner(s) : Rachna Vyas
Counsel for Respondent(s) : Shashi Prakash Singh (A.S.G.I.),
C.S.C., Jigyasa Singh, Usha Kiran
Chief Justice's Court
HON'BLE ARUN BHANSALI, CHIEF JUSTICE
HON'BLE KSHITIJ SHAILENDRA, J.
1. This writ petition is directed against order dated 04.02.2026 passed by
Central Administrative Tribunal, Allahabad Bench, Allahabad whereby
the Original Application filed by the petitioner has been dismissed as not
maintainable.
2. The Original Application was filed by the petitioner, inter alia, seeking
a direction to the Dedicated Freight Corridor Corporation of India Ltd.
('D.F.C.C.I.') to accord appointment to him in terms of the notification
dated 16.07.2010, Annexure-2, wherein a specific assurance was given
that the land losers would be accorded appointment by the Railways.
3. The Original Application was contested by the respondents, inter alia,
on the ground that the petition against the D.F.C.C.I. before the Tribunal
was not maintainable as no notification in this regard has been issued.
4. Besides the same, reliance was placed on a communication dated
24.04.2014 indicating that the Railway Board, had made the policy of
providing appointment in case of land acquired for Railway and its
production units and not for Railway Public Sector Undertaking, based on
which the Original Application came to be dismissed.
5. Counsel for the petitioner attempted to make submissions that the
petitioner has been made to lose his land based on assurance containing in
communication dated 16.07.2010 and therefore, the respondents are
WRIA No. 6741 of 2026
2
bound to fulfill the assurance given.
6. Submissions made are besides the points in so far as the Original
Application filed before the Tribunal is concerned, inasmuch as the relief
claimed against the D.F.C.C.I., apparently was not maintainable before
the Tribunal for lack of requisite notification applying the provisions of
the Act to the said Corporation.
7. In so far as the grievance as raised is concerned, the remedy lies
somewhere else.
8. In that view of the matter, no case for interfering in the order passed by
the Tribunal is made out. The petition is, therefore, dismissed.
(Kshitij Shailendra,J.) (Arun Bhansali,CJ.)
May 6, 2026
Mukesh Pal/Jyotsana
Digitally signed by :-
MUKESH PAL
High Court of Judicature at Allahabad
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