Back
SUPREME COURT OF INDIA
S.P. BHARUCHA, N. SANTOSH HEGDE, Y.K. SABHARWAL, JJ.
Dhampur Sugar Mills Ltd. – Petitioner
Versus
Union of India – Respondent
Civil Appeal No. 5339 of 2000, S.L.P. (C) No. 3921 of 2000
Decided On : 25-09-2000
Alternate Remedy - Writ Petition - The court set aside the order under challenge and restored the writ petition to the file of the High Court for hearing and disposal on merits.
Fact of the Case:
The order under challenge was passed on a writ petition filed in 1992. The Division Bench held that there was an alternate remedy under the Central Excises and Salt Act, which the petitioner had not availed of.
Finding of the Court:
The court found it harsh to relegate the appellant to the alternate remedy after seven years and set aside the order under challenge, restoring the writ petition to the High Court for hearing and disposal on merits.
Issues: The issue was whether the petitioner should be relegated to an alternate remedy under the Central Excises and Salt Act after the petition had been pending for seven years.
Ratio Decidendi: The court considered the delay and harshness of relegating the appellant to an alternate remedy after seven years, leading to the decision to set aside the order and restore the writ petition for hearing and disposal on merits.
Final Decision: The court set aside the order under challenge and restored the writ petition to the file of the High Court for hearing and disposal on merits. No order as to costs.
JUDGMENT :
1. Leave granted.
2. The order under challenge was passed on a writ petition that had been filed in 1992. The Division Bench took the view that there was an alternate remedy under the Central Excises and Salt Act, which the petitioner had not availed of. It, therefore, took the view that it would not be appropriate for it to give an opinion prior to adjudication.
3. The petition had been pending for seven years and it does seem a little harsh to relegate the appellant after seven years to the alternate remedy. The learned Additional Solicitor General fairly states, in the circumstances, that the order under challenge may be set aside and the writ petition (Civil Misc.) Writ Petition No. 747 of 1962) may be restored to the file of the High Court to be heard and disposed of on merits. This is appropriate and it should be done expeditiously.
4. Order on the appeal accordingly.
5. No order as to costs.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
