Allahabad High Court
GENERAL MANAGER, BISALPUR KISAN COOPERATIVE SUGAR MILLS LIMITEDversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition is not maintainable at the first instance where an alternative statutory remedy exists, and the petitioner must pursue the appeal within the prescribed period.
Summary
The petitioner, General Manager of Bisalpur Kisan Cooperative Sugar Mills Ltd, filed a writ petition challenging an order that required payment of Rs. 1,98,000, arguing that an alternative statutory remedy existed. The respondents contended that the petition was not maintainable because the petitioner could appeal the order. The Court held that the existence of an alternative statutory remedy precludes maintainability of the writ petition at the first instance and that the appellant must pursue the appeal. It also noted that the declaration in paragraph 16 of the petition was incorrect and that the appellate authority has the power to consider all issues on facts and law. Consequently, the writ petition was dismissed, with directions to file an appeal within three weeks and to seek any interim relief alongside that appeal.
Issues considered
- Whether a writ petition is maintainable at the first instance when an alternative statutory remedy is available.
- Whether the appellate authority has jurisdiction to consider all factual and legal issues in the appeal.
Subjects
- writ petition
- maintainability
- alternative remedy
- statutory remedy
- appellate authority
- interim relief
- High Court
- Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38666 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. 1,98,000/-
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. 38666 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
Checking your session…