also on the
objection of alternative remedy, we shall, at the first instance,
consider whether the efficacious alternative remedy of appeal is
available before ... rule of alternative remedy, even then the
writ petitions were dismissed on the ground of efficacious
alternative remedy without any finding
Constitution of India irrespective of availability of effective statutory alternative remedy by way of reference of claim before the State Public Services Tribunal under Section ... remedy and permit him to by-pass the alternative remedy. The hurdle of alternative remedy cannot be allowed to be skipped over lightly
efficacious legal remedy for the enforcement of rights created
under the said Act?
II. If so, whether such an alternative remedy and similar remedies under ... That the said remedy was both sufficient and adequate,
(iv) That in terms it was an alternative
remedy.
It is apt to notice at this
existence of an
alternative remedy. However, the High Court must not interfere
if there is an adequate efficacious alternative remedy available
to the petitioner ... remedy] are excluded.""
19. Thus, while it can be said that this Court has recognized some
exceptions to the rule of alternative remedy
Article 226 of the Constitution simply because the petitioner has an alternative remedy and has not availed of it, though he urged strongly that ... further maintained that this plea of the alternative remedy not having been availed of is not an inexorable bar to the entertainment of the writ
Apex Court for exhausting the efficacious alternative
remedy provided under the statute.
22.When an effective alternative remedy is
available, a writ petition cannot ... explained the rule of 'alternate remedy' in the following
terms
Considering the plea regarding alternative remedy as raised
by the appellant-State. Except
passed by the Assistant Collector of Customs the petitioner had an alternative remedy of filing an appeal which they have not availed of and consequently ... therefore, submitted that the petitioners having not availed of the alternative remedy of appeal, this petition deserves to be dismissed on this short ground alone
preliminary objection was that inasmuch as the petitioners had a specific alternative remedy available to them under Section 24 for challenging the validity ... remedy available to them under Section 24 for challenging the validity of the election of respondent No. 1. But the existence of the alternative remedy
relegated to the alternative remedy provided for under Section 56 of the Act.
The existence of an alternative statutory remedy as has been consistently held ... exceptions to the rule of a petitioner being relegated to an alternative remedy are where the principles of natural justice have been violated or where
relegated to avail the alternate
remedies available to them under the said Act.
21] Although, the issue of alternate remedy was not involved in case ... avail the
alternate remedy before the Divisional Commissioner. The Petitioners in
Writ Petition No. 11306 of 2015 have alternate remedy by way of
petitioning
