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
Checking your session…