HEMANT KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Praveen Kumar, learned counsel for the appellant-petitioner through Video Conferencing and Sri Rajiv Singh, learned Standing Counsel appearing for the respondents, who is physically present in the Court.

(2.) The present Special Appeal has been filed against the impugned judgement and order dated 12.10.2020 passed by the learned Single Judge in Writ-A No. 3553 of 2019 (Hemant Kumar Singh Vs. State of U.P. and 2 others) whereby the writ petition has been dismissed on the ground of existence of alternative remedy by leaving it open to the appellant-petitioner to avail such remedy if so advised.

(3.) The issue before this Court is limited only to the extent as to whether a learned Single Judge once at the time of raising a preliminary objection regarding maintainability of the writ petition on the ground of an alternative remedy has proceeded to entertain the writ petition and call for a counter affidavit in the matter on merits and later on another learned Single Judge dismissed the said writ petition on the ground of existence of alternative remedy with the consent of learned counsel for the parties and as such will it be open for the other learned Single Judge to do so. The facts of the present case are not being attended to by this Court as the question is in a narrow compass as stated above.