Allahabad High Court
SRIRAM GUPTAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed because an alternative remedy is available to challenge the impugned order.
Summary
The petitioner, Sriram Gupta, filed a writ petition challenging an order passed by the State of U.P. and three other respondents. The petitioner’s counsel argued that the order could be contested through an alternative statutory remedy. The court observed that because an alternative remedy exists, the writ petition is not the appropriate avenue for relief. Consequently, the court disposed of the writ petition, granting liberty to the petitioner to pursue the alternative remedy and indicating that any time spent before this court may be excluded if a limitation issue arises. The court further noted that any application for restoration, if filed, will be decided based on the applicable law.
Issues considered
- Whether a writ petition is maintainable when an alternative statutory remedy is available.
- Whether the limitation period should be excluded for the period spent before this court.
Subjects
- writ petition
- alternative remedy
- limitation
- restoration
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 39488 of 2025
Sriram Gupta
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Virendra Kumar Yadav
Counsel for Respondent(s) : Azad Rai, C.S.C.
Court No. - 32
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Shri Virendra Kumar Yadav, learned counsel for the petitioner and Shri
Vijay Prakash Pandey, learned Additional Chief Standing Counsel for the
State.
2. Learned counsel for the petitioner fairly submits that there is alternative
remedy to challenge the impugned order, therefore, this writ petition is
disposed of with the aforesaid liberty as well as that the period consumed
before this court may be excluded if the question of limitation arises.
3. Meanwhile, if any restoration is filed, the same be decided if the law
permits.
(Saurabh Shyam Shamshery,J.)
March 19, 2026
A.N. Mishra
Digitally signed by :-
AMARNATH MISHRA
High Court of Judicature at Allahabad
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