Case Law Details
SUMMARY OF CASE LAW
It cannot be laid down as a proposition of law that once a petition is admitted, it could never be dismissed on the ground of alternative remedy; therefore, the High Court can entertain the plea whether the writ is maintainable on the ground of availability of alternative remedy, even after the writ petition was admitted and rule nisi was ordered.
RELEVANT PARAGRAPH
8. Though, this Court admitted the writ petition and issued the rule nisi and also granted injunction, having regard to the nature of the plea that has been made by the learned Senior Counsel Mr.P.S.Raman appearing for the 2nd respondent about the maintainability of the writ petition itself, this Court can go into their aspects and heard the parties about the maintainability of the writ petition on the ground of availability of alternative remedies.
9. I am also fortified by the judgment of the Honourable Supreme Court reported in 2008(8) 12 SCC 675 in the case of State of Uttar Pradesh and another vs. Uttar Pradesh Rajaya Khankj Vikas Nigam Sangharsh Samiti and others, wherein it has been held in para 38 that “True it is that issuance of rule nisi or passing of interim orders is a relevant consideration for not dismissing a petition if it appears to the High Court that the matter could be decided by a writ court. It has been so held even by this Court in several cases that even if alternative remedy is available, it cannot be held that a writ petition is not maintainable. In our judgment, however, it cannot be laid down as a proposition of law that once a petition is admitted, it could never be dismissed on the ground of alternative remedy. If such bald contention is upheld even this Court cannot order dismissal of a writ petition which ought not to have been entertained by the High Court under Article 226 of the Constitution in view of availability of alternative and equally efficacious remedy to the aggrieved party, once the High Court has entertained a writ petition albeit wrongly and granted the relief to the petitioner.”
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