Alternative Remedy

 

Important points

1. Where alternative remedy existed, It would be sound exercise of discretion to refuse to interfere in a petition under A226.
1. UNLESS there are good grounds therefor
2. Indicating that alternative remedy would NOT operate as an ABSOLUTE BAR and writ petition u/s A226 could still be entertained in exceptional circumstances 
2. Exhaustion of statutory remedies before write will be granted is a rule of policy convenience and discretion RATHER than rule of law and numerous instances where write of certiorari has been issued in spite of the fact that aggrieved party had other adequate legal remedies.
3. Writ is ordinarily not maintainable when there exists an alternative remedy
1. Exceptions to this rule are - statutory authority has not acted accordance with the provisions of the legislation
2. or acted in defiance of the fundamental principles of Judaical procedure
3. Or order has been passed in violation of principles of natural justice.
4. No bar operates atleast for 3 contingencies
1. Writ filed for enforcement of Fundamental Rights
2. Violation of the principle of natural justice
3. Order or proceeding are wholly without jurisdiction or the vires of an act is challenged.

Case Law

1. Whirlpool Corporation Vs Registrar of Trademark (1998) 8 SCC 1
2. Radha Krishan Industries vs state of Himachal Pradesh 2021 SCCOnline SC 334
3. Rashid Ahmad Vs Municipal Board AIR 1960 SC 163
1. Where alternative remedy existed, sound exercise of discretion to refuse to interfere u/s A226
4. State of UP Vs Mohd Nooh 1958 SCR 595
1. Alternative remedy would not operate as an absolute bar and that writ petition u/s A226 could be still entertained under exceptional circumstances.