Allahabad High Court
DEVENDRA KUMARI PATHAK AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
A writ petition is not maintainable if the petitioner has an alternative statutory remedy such as a revision or appeal.
Summary
The petitioners filed a writ petition challenging a court order dated 13 April 2026 that allowed a restoration application filed by the respondents. The petition sought to set aside that order. The respondents' standing counsel raised a preliminary objection that the petitioners had an alternative remedy of filing a revision or an appeal against the order. The court held that because an alternative remedy was available, the writ petition was not maintainable. Consequently, the court declined to entertain the petition and disposed of it, directing the petitioners to pursue the appropriate remedy under law. The certified copy of the order was to be returned to the petitioners' counsel after retaining a photocopy.
Issues considered
- Whether a writ petition challenging an order is maintainable when an alternative remedy of revision or appeal is available to the petitioner
Subjects
- writ petition
- maintainability
- alternative remedy
- revision
- appeal
- high court jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17669 of 2026
Devendra Kumari Pathak And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Harish Chandra
Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C.
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 challenging the order dated 13.04.2026
by which restoration application filed by the respondent has been allowed.
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 6, 2026
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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