Allahabad High Court
RAJ KUMARversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The writ petition is not maintainable and is dismissed.
Summary
The petitioner, Raj Kumar, challenged Order of Recovery No.43 dated 30 July 2026 issued by the Sub‑Divisional Magistrate, Pindra, Varanasi. The recovery certificate was issued on the basis of an earlier order of the 3rd Additional Session Judge, Valsad at Vapi, in Criminal Revision No.444 of 2021. The High Court examined whether a writ petition could be filed to contest this consequential order. The Court held that only the consequential order was under challenge and that such a petition is not maintainable under the writ jurisdiction. Consequently, the petition was dismissed, with liberty granted to the petitioner to approach the appropriate forum for any further challenge.
Issues considered
- Whether a writ petition is maintainable when it challenges only a consequential order of a recovery certificate.
Subjects
- writ petition
- consequential order
- maintainability
- recovery order
- high court
- criminal revision
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38605 of 2026
Raj Kumar
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Digvijay Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. Order of Recovery No.43 dated 30.07.2026 was issued by the Sub
Divisional Magistrate, Pindra, District Varanasi is under challenge in the
present writ petition.
2. From perusal of the record it is clear that recovery certificate was
issued pursuant to the order passed by the 3rd Additional Session Judge,
Valsad at Vapi in Criminal Revision No.444 of 2021 on 29.11.2021.
3. Since only consequential order is under challenge in the present writ
petition, we are of the opinion that writ petition is not maintainable &
liable to be dismissed and hereby dismissed with liberty to the petitioner
to challenge the aforesaid order before appropriate forum, if so advised.
(Vivek Saran,J.) (Prakash Padia,J.)
October 1, 2026
Swati
Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad
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