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Allahabad High Court

GENERAL MANAGER, BISALPUR KISAN COOPERATIVE SUGAR MILLS, LIMITEDversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is not maintainable at the first instance and is dismissed.

Summary

The petitioner, General Manager of Bisalpur Kisan Cooperative Sugar Mills, filed a writ petition challenging an order that required payment of Rs. 2,38,000. The respondents, the State of Uttar Pradesh and three others, contended that the petition was not maintainable because an alternative statutory remedy existed. The petitioner did not deny the existence of the alternative remedy but argued that the writ petition could be filed at the first instance. The Court held that the presence of an alternative statutory remedy precludes the filing of a writ petition at the first instance and that the appellate authority has the power to consider all issues on facts and law. Consequently, the petition was dismissed, with the Court directing the petitioner to file an appeal within three weeks and stating that any interim relief application filed with the appeal would be considered expeditiously.

Issues considered

  • The writ petition's maintainability at the first instance in view of an alternative statutory remedy
  • Whether the appellate authority can consider all issues on facts and law

Subjects

  • writ jurisdiction
  • maintainability
  • alternative remedy
  • statutory remedy
  • appellate authority
  • interim relief

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - C No. - 38664 of 2026


General Manager, Bisalpur Kisan Cooperative
Sugar Mills, Limited                                         .....Petitioner(s)
                                   Versus

State Of U.P. And 3 Others
                                                           .....Respondent(s)

Counsel for Petitioner(s)        : Ashutosh Pandey
Counsel for Respondent(s)        : Brij Raj Verma, C.S.C., Kuldeep Johri

Court No. - 36
           HON'BLE SAURABH SHYAM SHAMSHERY, J.

1. Heard Sri Ashutosh Pandey, learned counsel for petitioner and Sri Brij

Raj Verma, learned counsel for respondents.


2. At the outset, Court considers preliminary objection by learned counsel

for respondents regarding maintainability of this writ petition since there

is an alternative remedy.


3. Learned counsel for petitioner has not denied about alternative remedy

and that there are grounds to file present writ petition at first instance,

however, Court does not find any ground to entertain this writ petition at

first instance. An argument that if an appeal is filed against impugned

order, the petitioner has to pay entire demand of about Rs. 2,38,000/-

cannot be accepted since it is a statutory remedy.


4. Otherwise also, declaration made in paragraph 16 of writ petition is not

correct and that the Appellate Authority has power to consider all issues

on facts and law.


5. In view of above, this writ petition at first instance is not maintainable,

however, this order will not come in the way if petitioner files an appeal

and in case an appeal is filed within 3 weeks from today, concerned
                                                                                            WRIC No. 38664 of 2026
                                                                    2


                                    Authority will consider and decide the same expeditiously in accordance

                                    with law.


                                    6. So far as prayer for interim relief is concerned, if any application is

                                    filed along with the appeal, the same will be considered in accordance

                                    with law expeditiously preferably within six weeks from the date of filing

                                    said application.


                                    7. With aforesaid observations, this writ petition is disposed of.


                                                                               (Saurabh Shyam Shamshery,J.)
                                    September 24, 2026
                                    AK




Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad


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