Writ once admitted can be dismissed later on ground of availability of alternate remedy: HC

 

The Chhatisgarh High Court has reiterated that there is no proposition in law that once a writ petition is admitted, it could never be dismissed on the ground of alternative remedy. 

The Division Bench comprising of Justice Arup Kumar Goswami and Justice Kumar Tiwari rejected the appeal against judgement wherein a single-judge bench dismissed the writ petition, relegating the appellant/petitioner to avail alternative remedy, existence of which was not in dispute.

Appellant and Respondent both had applied for Aangan-Badi Karyakarta position. The petitioner-appellant was though declared successful in the selection process later had to the leave the post as the Collector set aside his appointment on an appeal made by the Respondent.  

The Counsel for appellant contended that the writ was admitted and therefore, after such admission, the learned Single Judge ought not to have relegated the petitioner to avail alternative remedy.

Reliance was placed on State of U.P. Vs. Durga Prasad, 1974 Latest Caselaw 153 SC. 

 On the other hand, Counsel for respondent submitted that there is no proposition in law that once a writ petition is admitted, the petitioner cannot be asked to avail alternative remedy. She submitted that facts and circumstances of each individual case will determine whether the Court would decide the writ petition or the petitioner would be asked to avail alternative remedy.

Reliance was placed on State of U.P. & ANR. Vs. U.P. Rajya Khanij Vikas Nigam S.S. & Ors, 2008 Latest Caselaw 421 SC, GENPACT INDIA PRIVATE LIMITED vs. DEPUTY COMMISSIONER OF INCOME TAX, 2019 Latest Caselaw 1142 SC

He further submitted that despite the respondent bringing to the notice of the authorities that the continuation of the petitioner in service is unauthorized in absence of any stay order, no suitable action was taken by the authorities permitting the respondent to resume duties in place of the petitioner, and therefore, while dismissing the appeal, direction may be issued to the authorities to allow the respondent to function as Aangan-Badi Karyakarta. 

 

The Court clarified that Durga Prasad (supra) does not lay down as a proposition that invariably whenever a writ petition is admitted, it has to be heard on merit and the writ Court cannot exercise discretion to relegate the petitioner to avail alternative remedy.

It mentioned that in the above case, writ petition was pending for a long period of 13 years. 

The Court went on to refer to State of U.P. & ANR. Vs. U.P. Rajya Khanij Vikas Nigam S.S. & Ors, GENPACT INDIA PRIVATE LIMITED and noted that as a proposition of law it cannot be countenanced that once a writ petition is entertained and admitted, the same cannot be dismissed on the ground of availability of the alternative remedy at the time of hearing.

The appeal was accordingly dismissed.

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(With input from news agency language)

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