Vs.
EmailAppeal:
Petitioner:
Respondent:
Apeal:
Judges: V.N.Khare & R.P.Sethi, JJ.
Date of Judgment: Mar 31, 1999
Head Note:
Article 226 – Alternative remedy – Availability – When jurisdiction under, can be invoked.Held that even in presence of alternative remedy, jurisdiction of High Court can be invoked in special and peculiar circumstances.
Held:
The powers conferred upon the High Court under Article 226 of the Constitution are discretionary in nature which can be invoked for the enforcement of any fundamental right or legal right but not for mere contractual rights arising out of an agreement particularly in view of the existence of efficacious alternative remedy. The Constitutional Court should insist upon the party to avail of the same instead of invoking the extraordinary writ jurisdiction of the Court. This does not however debar the Court from granting the appropriate relief to a citizen under peculiar and special facts notwithstanding the existence of alternative efficacious remedy. (Para 6)
JUDGEMENT:
