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Alternative remedy not an absolute bar for entertaining writ petition
Case Law Details
- Case Name
- Ashiana Housing Limited Vs Union of India (Calcutta High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Calcutta High Court
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Ashiana Housing Limited Vs Union of India (Calcutta High Court)
Hc held that alternative remedy will not operate as an absolute bar for entertaining the writ petition as jurisdictional issue goes to the root of the matter. Therefore, we are of the view that appellant has made out a case for entertaining this appeal” and had also stayed the further re-assessment proceedings.
FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT
The Court : We have heard Mr. Pratyush Jhunjhunwala, learned counsel assisted by Mr. Samit Rudra, learned Advocate appearing for the appellant and Mr. Vipul Kundalia,...
The judgement pronounced by the Hon’ble Kolkatta High Court in the case of Ashiana Housing Limited Vs Union of India (Calcutta High Court )is really an eye opener for all quasi judicial forums which pass arbitrary orders and defend their action taking cover of availability alternative remedy.