1. Writ petition filed bypassing the statutory remedy of revision under Section 18 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. (Para 2 )
Back
Next 
1998 Supreme(SC) 641
SUPREME COURT OF INDIA
Mrs. SUJATA V. MANOHAR AND G.B. PATTANAIK, JJ.
Sheela Devi, Appellant
Versus
Jaspal Singh, Respondent.
Civil Appeal No. 3236 of 1998 (arising out of S. L. P. (C.) No. 17936 of 1997), D/- 13-7-1998.
Important Points
The importance of availing the alternate remedy of revision before seeking relief through a writ petition.
Subject
Civil Law - Remedies and Procedures
Act Referred
Headnote
Revision - U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - The court set aside the order of the High Court and directed the respondent to avail of the alternate remedy of revision under Section 18 of the Act.
Fact of the Case:
The respondent filed a writ petition before the High Court without availing the remedy of revision under Section 18 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.
Finding of the Court:
The High Court's order was set aside, and the respondent was directed to avail of the alternate remedy of revision.
Issues: Failure to avail of the remedy of revision under Section 18 of the Act, re-examination of facts by the High Court.
Ratio Decidendi: The respondent should have availed of the alternate remedy of revision under Section 18 of the Act before filing a writ petition before the High Court.
Final Decision: The appeal is disposed of accordingly, and the respondent is directed to avail of the alternate remedy of revision if desired.
Legal Category Hierarchy
-
practice and procedure
-
writ jurisdiction
-
alternate remedy
- exhaustion of statutory remedies (Para 2)
-
alternate remedy
-
writ jurisdiction
Table of Contents
2. Absence of justification for bypassing the statutory remedy of revision in favor of a writ petition. (Para 2 )
3. High Court erred by re-examining facts in a writ petition when a statutory remedy of revision was available and not bypassed for valid reasons. (Para 2 )
4. Statutory remedies of revision must be exhausted before seeking writ jurisdiction for factual re-examination, absent valid reasons for bypassing such remedies. (Para 2 )
5. High Court order set aside — respondent granted liberty to avail of the alternate remedy of revision. (Para 2 , 3 )
6. Can a writ petition be filed directly if a statutory remedy of revision is available under the U. P. Urban Buildings Act?
A writ petition should not be used to re-examine facts when a statutory remedy of revision under Section 18 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 is available, unless valid reasons are provided for bypassing it. (Para 2 )
JUDGMENT :- Leave granted.
2. No reason has been given by the respondent for not availing of the remedy of revision under Section 18 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The respondent straightway filed a writ petition before the High Court where the High Court had re-examined the facts. The impugned 2860 order of the High Court is set aside. The respondent will be at liberty to avail of the alternate remedy of revision, if he so desires.
3. The appeal is disposed of accordingly.
Order accordingly
