Allahabad High Court
MAHENDRA KUMAR CHAUDHARI AND ANOTHERversusSTATE OF U.P. AND 54 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The petition is dismissed because the petitioner has an alternative remedy of filing an appeal.
Summary
Petitioners Mahendra Kumar Chaudhari and another filed a writ petition under Article 226 seeking certiorari to quash orders dated 10‑04‑2026 passed by the Sub‑Divisional Magistrate, Phoolpur, Prayagraj. The State of U.P. and other respondents opposed the petition. The learned Standing Counsel for the State raised a preliminary objection that the petitioners have an alternative remedy of filing an appeal against the impugned order. The Court held that because an alternative remedy is available, the writ petition is not maintainable. Consequently, the petition was disposed of, with liberty to the petitioners to pursue the appeal. No substantive merits of the order were examined.
Issues considered
- Whether a writ petition is maintainable when an alternative remedy of appeal is available against the impugned order
Subjects
- writ jurisdiction
- alternative remedy
- certiorari
- maintainability
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17935 of 2026
Mahendra Kumar Chaudhari And Another
.....Petitioner(s)
Versus
State Of U.P. And 54 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashish Mishra, Girja Shanker Mishra,
Pratiksha Rai
Counsel for Respondent(s) : Azad Rai, 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 with the following prayer:
"Issue a writ, order or direction in nature of certiorari quashing the
impugned orders dated 10.04.2026 passed by Sub Divisional Magistrate,
Phoolpur, Prayagraj (Annexure No.2), during the pendency of present
writ petition before this Hon'ble Court."
3. Learned Standing Counsel has raised a preliminary objection that the
petitioner has an alternative remedy of filing 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 7, 2026
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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