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Writ and and petition and in human rights

(Querist) 26 March 2018 This query is : Resolved 
Hello Experts,
Can I file Writ in High court and petition in Human rights and lokayukta at same time. Will writ be maintainable at court along side complaints to Human rights and lokayukta. Please help me with your advise
Vijay Raj Mahajan (Expert) 26 March 2018
No you can approach only one forum for relief and cannot open litigation on all provided forums for same facts and relief against same party.
Kumar Doab (Expert) 26 March 2018
In your matter that is known to you IT may be better to approach HC after the decision by commission..
In the meantime you may go thru;

HIGH COURT OF JUDICATURE AT ALLAHABAD

Chief Justice's Court AFR

Case :- WRIT - C No. - 15570 of 2016

Petitioner :- State Of U.P. And 2 Others
Respondent :- N.H.R.C. And 3 Others
Counsel for Petitioner :- Piyush Shukla

Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice
Hon'ble Yashwant Varma,J.

(Per : Dr D Y Chandrachud, CJ)

An authority or a government which is aggrieved by the order of the Commission is entitled to challenge the order. Since no appeal is provided by the Act against an order of the Commission, the power of judicial review is available when an order of the Commission is questioned. Having regard to the importance of the rule of law which is but a manifestation of the guarantee of fair treatment under Article 14 and of the basic principles of equality, it would not be possible to accept the construction that the State Government can ignore the recommendations of the Commission under Section 18 at its discretion or in its wisdom.
The order which has been passed by the Commission has been passed on a careful appreciation of materials which were placed on the record. Consequently, finding a case of negligence …, the Commission has ordered the grant of compensation. The Commission is entitled to do so where it finds either a violation of human rights or a negligence in the prevention of a violation of human rights.
http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do
Kumar Doab (Expert) 26 March 2018
Rest your own very able senior LOCAL counsel of unshakable repute and integrity specializing in matters at your hands and concerned field of law and having successful track record …………….and worth his/her salt…would opine the best forum and recourse for you…
Ms.Usha Kapoor (Expert) 27 March 2018
You'll have to pursue one Remedy after the other. All 3 remedies cumulatively you can't avail. for the same relief and against the same parties.
Sudhir Kumar, Advocate (Expert) 27 March 2018
No facts of the case stated. It is not clear whether at all the case is maintainable at either of the places.
Ms.Usha Kapoor (Expert) 29 June 2018
Agree with Vijay Raj Mahajan
Ms.Usha Kapoor (Expert) 29 June 2018
IO stick to my view and agree with Vijay Raj


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