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Allahabad High Court

M/S SAMVEDNA DEVELOPMENT SOCIETYversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is not maintainable because the arbitration clause provides an alternative remedy.

Summary

The petitioner, M/s Samvedna Development Society, filed a writ petition before the Allahabad High Court challenging a decision of the State of U.P. and two other respondents. The respondents argued that the agreement dated 01.03.2024 contained an arbitration clause, making the writ petition non-maintainable because an alternative remedy was available. The petitioner did not contest the existence of the arbitration clause. The Court held that the presence of a valid arbitration clause barred the writ petition, directing the petitioner to approach the arbitrator as per the agreement. Consequently, the petition was dismissed, with liberty granted to the petitioner to seek relief through arbitration.

Issues considered

  • Whether the writ petition is maintainable in view of an arbitration clause providing an alternative remedy

Subjects

  • Arbitration
  • Writ Petition
  • Alternative Remedy
  • High Court
  • Jurisdiction
  • Dismissal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 17489 of 2026

                                    M/S Samvedna Development Society
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 2 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)             :     Kalp Raj Singh
                                    Counsel for Respondent(s)             :     C.S.C., Shyam Mani Shukla

                                    Court No. - 4
                                                    HON'BLE NEERAJ TIWARI, J.
                                                    HON'BLE SUDHANSHU CHAUHAN, J.

                                    1. Heard learned counsel for the petitioner, learned standing counsel for
                                    the State-respondent no. 1 and Sri Anubhav Singh, learned counsel
                                    appearing on behalf of the respondent nos. 2 & 3.

                                    2. At the very outset, Sri Anubhav Singh, learned counsel appearing on
                                    behalf of respondent nos. 2 and 3, submits that in view of the arbitration
                                    clause contained in the agreement dated 01.03.2024, the writ petition is
                                    not maintainable on the ground of availability of an alternative remedy.

                                    3. Learned counsel for the petitioner could not dispute the said fact.

                                    4. In light of the aforesaid facts, the writ petition is dismissed on the
                                    ground of availability of an alternative remedy, with liberty to the
                                    petitioner to approach the arbitrator in terms of the agreement dated
                                    01.03.2024, if so advised



                                                                 (Sudhanshu Chauhan,J.) (Neeraj Tiwari,J.)
                                    May 5, 2026
                                    Arif




Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad


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