Allahabad High Court
RAKESH KUMAR PANDEY AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The petition is not maintainable as an alternative remedy of appeal is available.
Summary
The petitioners Rakesh Kumar Pandey and another filed a writ petition seeking a certiorari to quash an order dated 22‑04‑2026 and a revenue inspector's report dated 18‑03‑2026. The respondents, the State of U.P. and others, contested the petition, and the standing counsel raised a preliminary objection that the petitioners have an alternative remedy of filing an appeal against the impugned order. The learned judge held that because an alternative remedy is available, the writ petition is not maintainable. Consequently, the petition was disposed of, with liberty granted to the petitioners to pursue the appeal. The court ordered the certified copy of the orders to be returned to the petitioner's counsel after retaining a photocopy.
Issues considered
- Whether a writ petition is maintainable when an alternative remedy of appeal is available against the impugned order
Subjects
- writ petition
- certiorari
- alternative remedy
- maintainability
- high court
- disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17958 of 2026
Rakesh Kumar Pandey And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Awadhesh Tiwari
Counsel for Respondent(s) : C.S.C., Pradeep 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 22.4.2026 respondent no.3 and the report dated
18.3.2026 submitted by concerned Revenue Inspector."
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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