Statutory alternative remedy bars writ challenge to excise licence cancellation under the U.P. Excise Act.

A writ petition challenging cancellation of an excise licence was not entertained because the U.P. Excise Act, 1910 provided a statutory appeal to the Excise Commissioner against the Collector's order, followed by revision to the State Government after the appeal had been disposed of. The HC held that the impugned cancellation was amenable to that appellate remedy and, given the nature of the dispute, the petitioner had to pursue the statutory forum instead of invoking Article 226 jurisdiction. The petitioner was therefore relegated to the alternative remedy under the Act.

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Issues: Whether the writ petition was maintainable in view of the statutory alternative remedy of appeal under Section 11 of the U.P. Excise Act, 1910 against cancellation of the excise licence.

Analysis: Section 11 provides an appeal to the Excise Commissioner against orders passed by the Collector and also provides a revisional remedy before the State Government, with revision being available only after the appeal, where it lies, has been filed and disposed of. The impugned cancellation order was thus amenable to the statutory appellate remedy. In these circumstances, and having regard to the nature of the controversy, the Court found it appropriate to require the petitioner to pursue the remedy provided by the statute rather than invoke writ jurisdiction under Article 226 of the Constitution of India.

Conclusion: The writ petition was not entertained and the petitioner was relegated to the alternative statutory remedy.

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