Allahabad High Court
HARI SINGH AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition was dismissed because an alternative remedy was available to the petitioners.
Summary
The petitioners, Hari Singh and two others, filed a writ petition before the Allahabad High Court challenging an order of the State of Uttar Pradesh. The petitioners' counsel submitted that the petitioners possessed an efficacious alternative remedy in the form of an appeal under the applicable law. The respondent's standing counsel raised no objection to this submission. The Court held that when a competent alternative remedy exists, a writ petition is not maintainable. Consequently, the Court disposed of the writ petition, granting the petitioners liberty to pursue the appeal. No substantive merits of the impugned order were examined.
Issues considered
- Whether a writ petition is maintainable when an alternative statutory remedy, such as an appeal, is available to the aggrieved party
Subjects
- writ jurisdiction
- alternative remedy
- maintainability
- civil procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 39802 of 2026
Hari Singh And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Nitin Raj Singh, Raj Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Raj Singh, learned counsel for the petitioner and Sri P.
Tripathi, learned Standing Counsel.
2. Learned counsel for the petitioner on instructions fairly submits that
petitioner has an efficacious alternative remedy to challenge the
impugned order by way of filing an appeal in accordance with law and
prayed that the writ petition may be disposed of.
3. Learned Standing Counsel has no objection to the aforesaid
submission.
4. In the aforesaid circumstances this writ petition is disposed of with
aforesaid liberty.
(Saurabh Shyam Shamshery,J.)
October 1, 2026
SB
Digitally signed by :-
SANDEEP BHATTACHARYA
High Court of Judicature at Allahabad
Checking your session…