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
maintainable on the ground of availability of a statutory alternative remedy under Section 17 of the Act 2002 against the possession notice under Section ... remedy and the institution directly under Article 226 was not sustainable, relying upon Satyawati Tandon (Supra), observing :
"27. No doubt an alternative remedy
move against the petitioner is directed from high level and the
alternative remedy available under the Act of 2005 would not be
efficacious ... alternative remedy and
the same should be allowed to be availed by them.
54. This court holds that in view of the alternative remedy
available
alternative remedy of filing an appeal before
the Appellate Authority is provided under the
Act, the said remedy is not an efficacious
alternative remedy ... Supreme Court has held that availability
of an alternative remedy by itself may not be a
ground for the High Court to refuse to exercise
Union of India), he
has submitted that, existence of statutory alternative remedy is not a
complete bar to the maintainability of a writ petition ... Writ Court should not
interfere, where there exists a statutory alternative remedy. He has
relied upon All India Reporter 2008 Supreme Court page
writ petition on the ground of existence of an alternative remedy
under Section 90 of the 1983 Act. Section 90 of the 1983 Act reads ... Courts have consistently taken the view that where
there is an alternative remedy provided for resolution of disputes in
respect of elections, the Court should
present case, we proceed on an assumption that the petitioner has alternative remedy, but the question which falls for determination is as to whether ... dismissing the writ petition on 24.07.2009 on the ground of alternative remedy.
Having given our anxious consideration to the question involved
that when an alternative and equally efficacious remedy is open to a litigant, he should be required to pursue that remedy and not to invoke ... there is an adequate efficacious alternative remedy. If somebody approaches the High Court without availing the alternative remedy provided, the high Court should ensure that
contrary, great emphasis has
been laid down upon the alternative remedy. Alternative
remedy is not an exclusive bar in respect of exercise of
power ... alternative remedy of arbitration
deserves to be heard on merits and therefore, the argument in
respect of alternative remedy in light of the judgment
delivered
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 ... existence of an alternative remedy. However, the High Court must not interfere if there is an adequate efficacious alternative remedy available to the petitioner
