A writ petition will not be maintainable if an alternative remedy is available to the petitioner.

Headnote:
ARMS ACT - ALTERNATIVE REMEDY - WRIT PETITION - DISMISSED
Fact of the Case:

Petitioner filed a writ petition challenging the order passed by the District Magistrate under Section 13(2) of the Arms Act, 1959.
Finding of the Court:

The court held that the petitioner had an alternative remedy to file an appeal before the Divisional Commissioner under Section 18 of the Arms Act, 1959, and therefore, the writ petition was dismissed.
Issues: Whether the petitioner had an alternative remedy to file an appeal before the Divisional Commissioner under Section 18 of the Arms Act, 1959.
Ratio Decidendi: The court relied on the provisions of Section 18 of the Arms Act, 1959, which provides for an appeal to the Divisional Commissioner against an order passed by the District Magistrate under Section 13(2) of the Act.
Final Decision: The court dismissed the writ petition with liberty to the petitioner to file an appeal before the Divisional Commissioner.

Court No. - 72

Case :- WRIT - C No. - 439 of 2022

Petitioner :- Shyamdhar Vishwakarma

Respondent :- State Of U P And Another

Counsel for Petitioner :- Shri Krishna Mishra

Counsel for Respondent :- C.S.C.

Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner and learned

Standing Counsel for the State-respondents through Video

Conferencing.

Learned Standing Counsel has raised preliminary objection

and submitted that petitioner has remedy to file appeal

before the Divisional Commissioner under Section 18 of

Arms Act, 1959, therefore, writ petition may be dismissed

on the ground of alternative remedy, which could not be

disputed by the learned counsel for the petitioner.

Under such facts and circumstances of the case, writ

petition is dismissed with liberty to the petitioner to file

appeal before the Divisional Commissioner.

At this stage, learned counsel for the petitioner submitted

that there is some delay in filing appeal, therefore, Court

may please to condone the same and direction may be

issued to the Divisional Commissioner to decide the appeal

on merits for which learned Standing Counsel has no

objection.

Considering the submissions raised learned counsel for the

parties, in case any such appeal is filed within two weeks

from today, the same shall not be rejected on the ground

of laches, but be decided on merits. All endeavor shall be

made to decide the appeal strictly in accordance with law

maximum within three months from the date of filing of

appeal.

Order Date :- 12.1.2022

Rmk.