In this writ petition, the court held that the prayer cannot be granted under Article 226 as the remedy lies with civil courts. The petition is disposed of granting liberty to seek redress through appropriate legal remedies available under law.
Petition disposed with liberty to seek redress through appropriate legal remedies available under law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 2
Case :- WRIT - C No. - 1881 of 2023
Petitioner :- Priyanka Singh Respondent :- D.M. , Lko. And Others Counsel for Petitioner :- Anil Kumar Yadav,Rajesh Kumar Shukla
Counsel for Respondent :- C.S.C.
Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and learned State Counsel.
Having regard to the averments made in the writ petition and also taking into consideration the nature of the prayer made herein, we are of the opinion that such prayer cannot be granted by this court in exercise of its jurisdiction under Article 226 of the Constitution of India and the remedy in fact to the petitioner is available before other forums by instituting appropriate proceedings including the proceedings of suit before the court of competent civil jurisdiction.
In view of the above, we are not inclined to interfere in this petition, which is hereby disposed of with the liberty to the petitioner to seek redressal of her grievances by taking recourse to any other legal remedy which may available to her under law.
(Subhash Vidyarthi, J.) (D.K. Upadhyaya, J.)
Order Date :- 3.3.2023 Ram.
Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the prayer made in the writ petition can be granted under Article 226 of the Constitution of India.
Whether the remedy is available before other forums including civil jurisdiction.
Priyanka Singh
D.M., Lko.
Others
Devendra Kumar Upadhyaya
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
