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Allahabad High Court

RAMESH SINGH @ RAMESHCHANDversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

A writ petition is not maintainable if the petitioner has an alternative statutory remedy, such as a second appeal, to challenge the order.

Summary

The petitioner, Ramesh Singh, filed a writ petition challenging an order of the first appellate court in proceedings under Section 116 of the U.P. Revenue Code, 2006. The respondents, the State of U.P. and others, raised a preliminary objection that the petitioner had an alternative remedy of filing a second appeal against that order. The High Court examined the objection and held that because an alternative statutory remedy existed, the writ petition could not be entertained. Consequently, the Court disposed of the petition, directing the petitioner to pursue the available second appeal. No substantive merits of the original order were addressed.

Issues considered

  • Whether a writ petition under Article 226 is maintainable when an alternative remedy of a second appeal is available under the U.P. Revenue Code, 2006.

Legislation cited

Subjects

  • writ petition
  • alternative remedy
  • second appeal
  • U.P. Revenue Code
  • Section 116
  • High Court of Allahabad
  • jurisdiction

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                                WRIT - C No. - 14624 of 2026

                                    Ramesh Singh @ Rameshchand
                                                                                                  .....Petitioner(s)
                                                                          Versus

                                    State Of U.P. And 5 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)              :   Prashant Kumar, Sanjay Pathak
                                    Counsel for Respondent(s)              :   C.S.C., Kaushal Kishore Mani

                                    Court No. - 36
                                                      HON'BLE MANISH KUMAR NIGAM, J.

                                    1. Heard learned counsel for the parties, learned Standing Counsel for State-
                                    respondents and perused the record.

                                    2. The present petition has been filed challenging the order passed by the
                                    first appellate court in proceedings under Section 116 of the U.P. Revenue
                                    Code, 2006.

                                    3. Learned Standing Counsel has raised a preliminary objection that the
                                    petitioner has an alternative remedy of filing second appeal against the order
                                    of first appellate court.

                                    4. Since the petitioner has an alternative remedy, I am not inclined to
                                    entertain the instant petition.

                                    5. Accordingly, the petition is disposed of with liberty to the petitioner to
                                    avail the remedy as available to him under law.

                                    6. Certified copy of the orders, if any, be returned to learned counsel for the
                                    petitioner after retaining photo copy of the same.


                                                                                        (Manish Kumar Nigam,J.)
                                    April 20, 2026
                                    Ved Prakash




Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad


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