Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 185829 (ALL)

SHARIF AHMAD v. UNION OF INDIA THROUGH ITS SECRETARY RELIEF and REHABILITATION

WRIC/1003333/2001 · 2025-12-09

Irshad Ali

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 1003333 of 2001 Court No. - 4 HON'BLE IRSHAD ALI, J. 1. Heard Sri Shyam Mohan, learned counsel for the petitioner. 2. Sri Deepanshu Das, Advocate is present for respondent Nos.1, 2 and 4. 3. Sri Shatrughan Chaudhary, learned Additional Chief Standing Counsel for respondent Nos.5 and 6 pointed out that in view of the prayer made in the writ petition, it is challenge of the order dated 31.8.1998 (Annexure- 5), passed by the Tehsildar, Pilibhit as well as the order dated 21.4.1993, passed by the Sub Divisional Officer, Pilibhit, therefore, jurisdiction to challenge the said orders is before the Allahabad High Court, Prayagraj, and not before the Bench at Lucknow, therefore, the objection is that the writ petition is not maintainable before this Court. 4. Rebutting to the preliminary objection, submission of learned counsel for the petitioner is that in case the matter is remitted to the High Court of Allahabad with liberty to file a fresh petition or transmitting the present writ petition to the High Court at Allahabad, ends of justice would meet. 5. Taking into consideration the preliminary objection raised by the State counsel, I am of the opinion that the territorial jurisdiction of District Pilibhit lies before the High Court of Allahabad, Prayagraj, therefore, by mere filing an application before the custodian at Lucknow, the writ petition cannot be maintained here. Versus Counsel for Petitioner(s) : A.Kalra, Shyam Mohan Pradhan Counsel for Respondent(s) : C.S.C., B.B.Saxena, Deepanshu Dass, Savitra Vardhan Singh Sharif Ahmad .....Petitioner(s) Union Of India Through Its Secretary Relief And Rehabilitation .....Respondent(s) 6. In view of the above, the writ petition is dismissed for want of territorial jurisdiction with liberty to the petitioner to file a fresh writ petition before the High Court of Allahabad, Prayagraj. December 9, 2025 Gautam WRIC No. 1003333 of 2001 2 (Irshad Ali,J.) Digitally signed by :- GAUTAM TECKCHANDANI High Court of Judicature at Allahabad, Lucknow Bench