Court No. - 36
Case :- WRIT - A No. - 11086 of 2021 Petitioner :- Manoj Kumar Verma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rishikesh Pati Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and Sri Birendra Pratap Singh, learned Standing Counsel for the respondents.
The petitioners by means of the present writ petition have prayed for the following main reliefs:-
"I. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 28.11.2016 (Ann-4) passed by respondent no.3.
II. Issue a writ, order or direction in the nature of mandamus reinstating the petitioner on his original post of Homeguard.
III. Issue a writ, order or direction in the nature of mandamus directing the respondent authority to decide the representation dated 30.01.2020."
Learned Standing Counsel wound contend that against the order impugned, there is statutory alternative remedy of appeal under the Government Order dated 02.12.2016, and therefore, writ petition is not maintainable.
Since, petitioner has statutory alternative remedy of appeal against the impugned order, therefore, the writ petition is not maintainable, and is accordingly, dismissed on the ground of alternative remedy.
Order Date :- 17.12.2021 Sattyarth