✦ Allahabad High Court

C/M Ganesh Shankar Vidyarathi Smarak Inter v. Inam, Vivek Pandey

AT ALLAHABAD WRIT - C No. 6566 of 2022SARAL SRIVASTAVA, AMITABH KUMAR RAI

Case at a glance

Bench
SARAL SRIVASTAVA, AMITABH KUMAR RAI

Outcome

Dismissed

In such view of the fact, writ petition is dismissed on the ground of

Provisions considered

Key paragraphs

  • Para 66. In such view of the fact, writ petition is dismissed on the ground of alternative remedy. September 12, 2025 Mohit (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad

Judgment

HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J.

1.

Heard learned counsel for the petitioner and learned counsel for the respondents.

2.

This writ petition has been filed challenging the order dated 15.11.2021 passed by Executive Officer, Nagar Palika Maharajganj.

3.

When the writ petition was filed the same was adjourned on the ground of non-availability of the counsel. The order dated 20.04.2022 is reproduced herein as under: "Case is called out in the revised list. None is present on behalf of the petitioners. However, Shri Rakesh Kumar Gupta, learned counsel for the respondent is present. List on 9th May, 2022. If pleadings have not yet been completed, be completed by that time. "

4.

This Court on 07.02.2024 again directed the matter to be listed on

08.02.2024. The order sheet reveals that the petition has never been argued by learned counsel for the petitioner and as such there is no urgency for the petitioner in the matter which is evident from the conduct of the petitioner's counsel.

5.

A preliminary objection has been raised that there is statutory appeal under Section 318 of U.P. Municipalities Act, 1916 against the impugned order which fact is not denied by the learned counsel for the petitioner. 2 WRIC No. 6566 of 2022

Operative part

6.

In such view of the fact, writ petition is dismissed on the ground of alternative remedy. September 12, 2025 Mohit (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: In such view of the fact, writ petition is dismissed on the ground of

Which statutory provisions did this judgment involve?

U.P. Municipalities Act, 1916 — s. 318.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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