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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
GANESH RAM MEENA
Deepak Saxena – Appellant
Versus
District Magistrate, Jaipur, Near Collectorate Circle, Banipark, Gopalbari, Jaipur, Rajasthan – Respondent
Order :
GANESH RAM MEENA, J.
1. The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India with the following prayers:-
“a. Issue appropriate writ in the nature of certiorari or any other appropriate writ/order/direction to the effect quashing impugned Order 01.05.2024.
b. Issue writ in the nature of mandamus or any other appropriate writ/order/direction to declare any license granted to Respondent No. 2 as violate of the provisions of Rajasthan Ropeways Act, 1996 along with all acts/permissions/LOI granted pursuant thereto by any authority be invalid/nullity in the eyes of law.
c. Issue writ in the nature of mandamus or any other appropriate writ/order/direction to the Respondent No.1 to appropriately deal and act on the application filed by the petitioner under Section 6 dated 26.11.2015 (Annexure-1) by adhering to the provisions of the Ropeways Act.”
2. Learned counsel for the respondent No. 2 has raised a preliminary objection that the present writ petition is not maintainable as the petitioner is having an alternative efficacious remedy of an appeal under Section 22 of the Rajasthan Ropeways Act, 1996 (for short, ‘the Act, 1996’) so as
The rule of alternative remedy limits the court's writ jurisdiction, which should not be exercised when statutory remedies are available, particularly in administrative licensing matters.
Writ of Certiorari applies only to judicial or quasi-judicial orders; administrative decisions under the Rice Milling Act do not require objection hearings.
The court determined that stay orders and interim injunctions must preserve the status quo and adhere to established legal principles, quashing the erroneous orders of the Appellate Authority.
Writs under Article 226 can be maintained against predetermination by authorities, regardless of alternative remedies available, invalidating actions based on extraneous influences.
The court ruled on the entitlement of the appellant to a stage carriage permit independent of another party's renewal application, emphasizing amended legislative provisions.
Writ petitions can be maintained against show cause notices if they demonstrate pre-determined conclusions by the authority, constituting a legal mala fide exercise of power.
Statutory authorities must exercise powers independently, and actions based on predetermination or external influence are deemed illegal.
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