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Allahabad High Court

ANILversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petition is dismissed because the petitioner has an alternative remedy under law.

Summary

The petitioner, Anil, filed a writ petition under Article 226 seeking certiorari to quash an order dated 16/05/2025 passed by the Tehsildar/Assistant Collector under section 67 of the U.P. Revenue Code, 2006. The petition alleged that the order was illegal and sought its setting aside. The respondents, the State of U.P. and two others, contended that the petitioner had an alternative remedy of filing an appeal or a restoration application against the order. The learned Standing Counsel raised this preliminary objection, and the Court held that because an alternative statutory remedy was available, the writ petition could not be entertained. Consequently, the Court disposed of the petition, directing the petitioner to pursue the appropriate appeal or restoration remedy. No substantive merits of the impugned order were examined.

Issues considered

  • Whether a writ petition under Article 226 can be entertained when the petitioner has an alternative statutory remedy of appeal or restoration.

Legislation cited

Subjects

  • writ jurisdiction
  • certiorari
  • alternative remedy
  • U.P. Revenue Code
  • High Court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                                 WRIT - C No. - 17849 of 2026

                                    Anil
                                                                                                          .....Petitioner(s)
                                                                              Versus

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

                                    Counsel for Petitioner(s)             : Gulab Chandra Tiwari, Ramesh Kumar
                                                                            Pandey
                                    Counsel for Respondent(s)             : C.S.C., Sunil Kumar Singh

                                    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 the
                                            impugned order dated 16/05/2025 passed by Tehsildar/ Assistant
                                            Collector (2nd) (Judicial), Tehsil: Loni, District: Ghaziabad in Case No.
                                            800 of 2025 (Computerized Case No. T202511280300800) under section
                                            67 of U.P. Revenue Code, 2006."

                                    3. Learned Standing Counsel has raised a preliminary objection that the
                                    petitioner has an alternative remedy of filing appeal as well as restoration
                                    application 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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