Anita Devi v. State of U.P. and 5 Others

Court No. - 40 Case :- WRIT - C No. - 28826 of 2023 Petitioner :- Anita Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Himanshu Singh Counsel for Respondent :- C.S.C.,Adarsh Bhushan,Kunal Ravi Singh,Vivek Kumar Singh Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1Heard learned counsel for the petitioner; Shri Kunal Ravi Singh, learned Chief Standing Counsel for State respondents and Shri Vivek Kumar Singh for respondent no.2.

¶2In pith and substance, the petitioner is aggrieved that certain information has not been provided by the competent authority under the Right to Information Act (in short "the Act").

¶3At very outset, learned Chief Standing Counsel raised an objection regarding the maintainability of the writ petition on the ground that for the reliefs claimed in the writ petition, the petitioner has got efficacious remedy to prefer appeal under Section 19 (1) of the Act. Once alternative remedy is available, there is no reason or occasion to byepass the same and as such the writ petition is liable to be dismissed.

¶4We have proceeded to examine the record in question and find substance in the objection raised by learned Chief Standing Counsel and as such we are not inclined to interfere in the matter. Needless to say, it is always open to the petitioner to press his claim before the appellate forum under the Act.

¶5The writ petition stands disposed of accordingly. Order Date :- 16.10.2023 SP/ High Court of Judicature at Allahabad