Allahabad High Court
DARSHAN SINGH SAHNIversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
A writ petition is not maintainable if the petitioner has an alternative remedy of appeal against the order in question.
Summary
The petitioner, Darshan Singh Sahni, filed a writ petition under Article 226 seeking a certiorari to quash an order dated 09.04.2026 passed by respondent No.2 in Case No.14608 of 2025, which was issued under Section 24 of the U.P. Revenue Code, 2006 concerning land in Village Morta, Ghaziabad. The petition alleged that the order was erroneous and asked the High Court to set it aside. The respondents raised a preliminary objection that the petitioner possessed an alternative remedy of filing an appeal against the impugned order. The Court examined the objection and held that when an alternative statutory remedy exists, a writ petition is not maintainable. Consequently, the Court declined to entertain the writ petition and disposed of it, directing the petitioner to pursue the available appeal. The order was signed by Justice Manish Kumar Nigam and the certified copy was to be returned to the petitioner’s counsel.
Issues considered
- Whether a writ petition under Article 226 is maintainable when an alternative remedy of appeal is available against the impugned order.
Legislation cited
- U.P. Revenue Code, 2006 — s. 24
Subjects
- writ petition
- certiorari
- alternative remedy
- appeal
- U.P. Revenue Code
- preliminary objection
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17450 of 2026
Darshan Singh Sahni
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anil Kumar Dubey, Chandra
Bhan Dubey
Counsel for Respondent(s) : C.S.C., Hriday Raj Tripathi
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 with the following prayer:
"issue a writ order or direction in the nature of certiorari
quashing Impugned judgment and order the dated
09.04.2026 passed by the respondent no.2 in Case No.14608
of 2025, M/S. Sahni Builders Pvt. Ltd. Versus Nasheem and
others Under Section 24 of U.P. Revenue Code 2006, Village
Morta, Fargana Jalalabad Tahsil and District Ghaziabad
(Annexure no.1 to the writ petition)."
3. Learned Standing Counsel has raised a preliminary objection
that the petitioner has an alternative remedy of filing appeal
against the order impugned.
4. Since the petitioner has an alternative remedy, I am not
WRIC No. 17450 of 2026
2
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.
May 5, 2026 (Manish Kumar Nigam,J.)
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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