Statutory appellate remedy limits writ jurisdiction where an efficacious appeal against tribunal orders is available.

A writ petition under Article 226 was found not maintainable where the National Green Tribunal Act, 2010 provides a specific statutory appeal against the Tribunal's award, decision or order. The High Court noted that constitutional judicial review remains available in principle, but interference should be exceptional when an efficacious appellate remedy exists. Because the petitioner had an available statutory forum and had not shown exceptional grounds to bypass it, the challenge to the Tribunal orders and the consequential notice was rejected.

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Issues: Whether the writ petition under Article 226 of the Constitution of India was maintainable against the impugned orders of the National Green Tribunal in view of the statutory appeal provided under Section 22 of the National Green Tribunal Act, 2010.

Analysis: The petition challenged orders of the National Green Tribunal and the consequential notice issued by the Forest Department. The Court noted that Section 22 of the National Green Tribunal Act, 2010 provides a specific remedy of appeal to the Supreme Court against any award, decision or order of the Tribunal. It further held that although the constitutional power of judicial review under Article 226 remains intact, the High Court should be slow to interfere where the statute provides an efficacious appellate remedy, and such interference is reserved for exceptional cases. The Court also observed that the petitioner had an available statutory remedy and could have approached the Tribunal or the appellate forum, rather than invoking writ jurisdiction directly.

Conclusion: The writ petition was held to be not maintainable in view of the alternate statutory remedy, and the challenge was rejected.

Ratio Decidendi: Where a special statute provides a direct appeal against the Tribunal's order, the High Court ordinarily should not entertain a writ petition under Article 226 unless exceptional grounds justify bypassing the statutory remedy.

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