Alternative statutory remedy does not oust writ jurisdiction absolutely; writ petition restored for merits with interim protection continued.

An alternative statutory remedy does not create an absolute bar to writ jurisdiction under Article 226, and the High Court may intervene where exceptional circumstances exist, including unfairness, perversity, lack of jurisdiction, or violation of natural justice. Where a writ petition has remained pending for years and connected matters raise the same controversy, restoration for decision on merits may be appropriate instead of termination at the threshold on maintainability. The writ appeal was allowed, the dismissal order was set aside, the writ petition was restored for hearing with connected petitions, and the interim stay on the order-in-original was continued until disposal of the connected writ matters.

---

---

Issues: Whether the writ petition could be restored and heard on merits notwithstanding the availability of an alternate statutory remedy, and whether the interim protection granted against the order-in-original should continue till disposal of the connected writ petitions.

Analysis: The challenge was confined to the maintainability of the writ petition and the propriety of non-suiting the petitioner at the threshold. The Court held that the existence of an appellate remedy does not create an absolute bar to the exercise of writ jurisdiction under Article 226 of the Constitution of India. The Court noted that writ interference remains available in exceptional situations, including unfairness, unreasonableness, perversity, lack of jurisdiction, and violation of principles of natural justice. As the dispute had remained pending for several years and other connected writ petitions involving the same appellant were also pending, the Court found it appropriate to have the matter examined on merits instead of being terminated on the ground of alternative remedy.

Conclusion: The writ appeal was allowed, the order dismissing the writ petition was set aside, and the writ petition was restored for hearing along with the connected matters. The order-in-original was directed to remain stayed until disposal of the connected writ petitions.

Ratio Decidendi: The availability of an alternative statutory remedy does not oust writ jurisdiction absolutely, and the High Court may entertain or restore a writ petition where exceptional circumstances or violations such as denial of natural justice are shown.

---