remedy in respect of the same subject matter. Mandamus is important public law remedy and does not generally supersede legal remedies. But alternative remedy must ... when there is adequate and efficacious alternate remedy available to a party, and, when such alternate remedy available is a statutory remedy, such statutory remedy
Writ Petition be entertained in the face of
availability of an alternate remedy, the High Court considered relevant
case law touching upon the issue ... existence of an alternative remedy. However, the
High Court must not interfere if there is an adequate
efficacious alternative remedy available
equally efficacious alternative remedy. However, the High
Court while throwing out the writ petition on the ground of alternative
remedy, made certain observations touching upon ... that when an alternative and equally
efficacious remedy is open to a person, he should be required to pursue
that remedy and not to invoke
work out the legal remedies.
22. The writ remedy is extra-ordinary remedy and equitable remedy.
Further, the writ Court need not entertain a writ ... requirement of availing alternative remedy and entertain the writ
petition. The maintainability of writ petition when an effective alternative
remedy is available is considered
public duty or public interest.
38.ALTERNATE REMEDY AND MONSTROSITY OF THE ISSUE The issue of alternate remedy is inter related with the monstrosity ... opinion render the provision as an ineffective remedy and cannot be pleaded an effective alternative remedy so as to prevent the Union to seek
effective and efficacious remedy is available, the High Court would not normally exercise its jurisdiction. But the alternative remedy has been consistently held by this ... there is an adequate efficacious alternative remedy. If somebody approaches the High Court without availing of the alternative remedy provided, the High Court should ensure
circumstances. High Court does not interfere when an equally efficacious alternative remedy is available, or when there is established procedure to remedy a wrong ... calling for interference, they are amenable to writ jurisdiction and the alternative remedy will not be a bar. He submitted that the cases decided
remedy exists is one of the self-imposed restrictions; it is not a rule of
law but a rule of convenience. If alternative remedy exists ... case of non-interference the remedy against the mischief might be of no avail.
Whether the alternative remedy is equally efficacious or not would largely
India, 1950 : Article 226-Availability of
alternative remedy-Admissibility of Writ Petition without
exhausting legal remedy available-Order of Single Judge bye-
passing findings ... pass the alternative remedy
available to him before the U.P. Public
Services Tribunal. On account of this
alternative remedy being available to the
petitioner
Writ Petition with liberty to approach the proper
forum and seek alternative remedy under Consumer Protection Act,1986 . The
Honble High court in its order ... remedy under the provisions of Consumer Protection Act,
1986 . As such, it is submitted that the Petitioner may be relegated to the
alternative remedy
