Wednesday, February 1, 2023

HC will not entertain a petition under Article 226 of the Constitution If an effective alternative remedy is available : Supreme Court

Often petitioners file petitions before Hon'ble High Court.

There is an important decisions which deals with said issue.

It was very clearly stated at page 9 of CIT v Chhabil Dass Aggarwal [2013] GCtR 751 (SC) in following terms :  
"High Court will not entertain a petition under Article 226 of the Constitution if an effective alternative remedy is available".

When that is the legal position, can this crystal clear legal position ignored in the ongoing writ petition [WP(C) 416/2013 - Carbon Resources Pvt Ltd v State of Assam before Hon'ble Gauhati High Court] ?


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