Created by Fuzzy Cloud

Allahabad High Court

SANGEETA DEVIversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petition is dismissed because the petitioner has an alternative remedy of filing a revision or appeal, rendering the writ petition non‑maintainable.

Summary

The petitioner, Sangeeta Devi, filed a writ petition under certiorari challenging an order dated 20‑11‑2025 passed by a revenue officer under Section 34 of the U.P. Revenue Code, 2006. The petitioner sought quashing of the order. The respondent’s standing counsel raised a preliminary objection that the petitioner had an alternative remedy of filing a revision or appeal against the impugned order. The Court held that because an alternative statutory remedy was available, the writ petition was not maintainable. Consequently, the petition was disposed of, with liberty granted to the petitioner to pursue the appropriate remedy under law. No substantive merits of the order were examined.

Issues considered

  • Whether a writ petition under certiorari is maintainable when the petitioner has an alternative remedy of revision or appeal against the impugned order

Legislation cited

Subjects

  • certiorari
  • writ petition
  • alternative remedy
  • revision
  • appeal
  • U.P. Revenue Code
  • procedural law

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                                WRIT - C No. - 17313 of 2026

                                    Sangeeta Devi
                                                                                                          .....Petitioner(s)
                                                                               Versus
                                    State Of U.P. And 2 Others
                                                                                                        .....Respondent(s)

                                    Counsel for Petitioner(s)              :     Arvind Kumar Mishra, Devendra Mishra
                                    Counsel for Respondent(s)              :     C.S.C.

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

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

                                    2. The present petition has been filed with the following prayer:

                                            "Issue a writ, order or direction in the nature CERTIORARI quashing the
                                            impugned orders dated 20.11.2025 (Annexure no. 2 of the writ petition)
                                            passed by respondent no. 2 in Case No. 9703 of 2025 bearing its
                                            Computer Case No. T202511170609703 (Sangeeta Vs. Annu) U/S 34 of
                                            U.P. Revenue Code, 2006."

                                    3. Learned Standing Counsel has raised a preliminary objection that the
                                    petitioner has an alternative remedy of filing revision as well as appeal
                                    against the order impugned.

                                    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.)
                                    May 5, 2026
                                    Ved Prakash




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

Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.