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M.P. State Agro Industries Development ... vs Jahan Khan on 5 September, 2007

8. Learned counsel appearing for the petitioner submitted that the revision has been preferred under Article 226 of the Constitution of India, in view of the fact that the revision could not be preferred under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, after the expiry of 60 days. The learned counsel further submitted that the revision petition has to be allowed and in support of his contention, the learned counsel for the petitioner relied on the decision of the Hon'ble Supreme Court in M.P. STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION LIMITED AND ANOTHER VS. JAHAN KHAN, (2007 (10) SCC 88) wherein, the Hon'ble Supreme Court has laid down the ratio and the scope of Articles 226 and 227 of the Constitution of India, even in case of alternative remedy available to the petitioner. Learned counsel for the petitioner argued that an alternative remedy does not operate as a bar to exercise the jurisdiction of a Writ Court, relating to cases of judicial review in nature (1) seeking enforcement of a fundamental right (ii)where there is failure of natural justice, and (iii) where the impugned order or proceeding is wholly without jurisdiction or the ultra vires of an Act is challenged.
Supreme Court of India Cites 7 - Cited by 265 - D K Jain - Full Document
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