Allahabad High Court

M/S SHRI RAGHAV ANNA BHANDARversusSTATE OF U.P. AND 2 OTHERS

Decided: 22 September 2026
Bench: SWARUPAMA CHATURVEDI SAUMITRA DAYAL SINGH

Holding

The order is appealable and the petition may be entertained on merits if an appeal is filed within two weeks.

Summary

The petitioner, M/s Shri Raghav Anna Bhandar, filed a writ petition under Article 226 of the Constitution challenging an order dated 07.05.2026 passed by the State of U.P. and others. The High Court examined whether the order was appealable and whether the petition was barred by limitation. The Court found no jurisdictional or fundamental error in the order and held that it is appealable. Although the limitation period may have expired, the Court exercised its extraordinary jurisdiction to allow the petition to be heard on merits if the petitioner files an appeal within two weeks from the date of the judgment. The petition was therefore disposed of, subject to the condition of filing the appeal within the stipulated period.

Issues considered

Is the order dated 07.05.2026 appealable under Article 226?
Does the limitation period bar the filing of the writ petition?
Can the High Court entertain the petition on merits despite alleged limitation expiry?

Legislation cited

Constitution of India — s. Article 226

Subjects

writ jurisdiction
Article 226
limitation period
appealability
extraordinary jurisdiction

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT TAX No. - 3916 of 2026

                                    M/S Shri Raghav Anna Bhandar
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 2 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                 :   Ravindra Kumar Rastogi
                                    Counsel for Respondent(s)                 :   C.S.C.

                                    Court No. - 39
                                                  HON'BLE SAUMITRA DAYAL SINGH, J.
                                                  HON'BLE SWARUPAMA CHATURVEDI, J.

                                    1. Undeniably, the order 07.05.2026 is appealable. No jurisdictional or other
                                    fundamental error is shown to exist, that may warrant interference, in
                                    exercise of our extraordinary jurisdiction under Article 226 of the
                                    Constitution of India.

                                    2. To the extent, the limitation to file appeal may have just expired, the writ
                                    petition is disposed of with the observation, subject to the petitioner availing
                                    appeal remedy against the order dated 07.05.2026, within a period of two
                                    weeks from today, the same may be entertained on merits, without raising
                                    any objection as to limitation.

                                    September 23,
                                    2026
                                    Bhanu         (Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)




Digitally signed by :-
BHANU PRATAP KUSHWAHA
High Court of Judicature at Allahabad

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