Allahabad High Court
KISHAN KUMAR AND 2 OTHERSversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
A writ petition is not maintainable where an alternative statutory remedy, like a revision, is available to the aggrieved party.
Summary
Petitioner Kishan Kumar and others filed a writ petition under Article 226 seeking a certiorari to quash an order dated 07.02.2026 passed by the Commissioner, Aligarh Division. The petition alleged that the order was illegal and sought its setting aside. The respondent State of U.P. raised a preliminary objection that the petitioner had an alternative remedy of filing a revision petition against the same order. The Court held that when an alternative statutory remedy is available, a writ petition is not maintainable. Consequently, the petition was dismissed, with liberty granted to the petitioner to pursue the revision remedy. No substantive merits of the order were examined.
Issues considered
- What is the appropriate remedy when an alternative statutory remedy, such as a revision petition, is available?
- Whether the writ petition seeking certiorari is maintainable in view of the existence of an alternative remedy?
Subjects
- writ petition
- certiorari
- revision
- alternative remedy
- High Court
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17571 of 2026
Kishan Kumar And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Madan Kumar Tiwari
Counsel for Respondent(s) : C.S.C., Sharad Chand Rai
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner, Shri Sharad Chand Rai, learned
counsel for the respondent no. 5, 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 the
impugned order dated 07.02.2026 passed by the Commissioner Aligarh
Division Aligarh/ respondent no- 2. (Annexure No- 1 to this writ
petition)."
3. Learned Standing Counsel has raised a preliminary objection that the
petitioner has an alternative remedy of filing revision 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 6, 2026
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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