Respect Appellate Process for Justice: Appeal Timely, Follow Procedures

The court emphasized the importance of exhausting the appellate process before seeking judicial intervention. It highlighted that the appellate authority is the final fact-finding body and must be given due regard. The judgment directed the petitioners to approach the appellate authority and file an appeal within a specified timeframe, ensuring that the appeals are entertained without reference to the limitation period and adjudicated promptly on merits. The court stressed the significance of adhering to statutory appeal procedures and respecting the appellate process to ensure justice and efficiency in legal proceedings.

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Issues Involved:
Challenge to order-in-original bypassing appellate remedy

Analysis:
The judgment addresses the challenge to an order-in-original by petitioners who opted for a writ petition instead of the prescribed appellate remedy. The court emphasizes the importance of exhausting the appellate process before seeking judicial intervention. It highlights that the appellate authority is the final fact-finding body and must be given due regard. The court cites previous cases to support the principle that appeals should not be bypassed except in exceptional circumstances to prevent injustice. The judgment also references a Division Bench ruling that mixed questions of fact and law should be adjudicated through the statutory appeal process rather than by a writ court.

The court underscores that the purpose of statutory appeals is to scrutinize orders passed by original authorities, and the legislative intent behind appeal provisions should be respected. It clarifies that the High Court cannot delve into factual adjudication or trial under Article 226 of the Constitution. The judgment stresses the importance of following procedural aspects and respecting the hierarchy of institutions under statutes. It warns against the High Court usurping the powers of appellate authorities and emphasizes the need for litigants to utilize the appropriate forums for redressal.

Furthermore, the judgment criticizes the trend of filing writ petitions without exhausting statutory appeal remedies, leading to delays and potential prejudice to the parties involved. It asserts that legal grounds should be adjudicated before the proper forum after exhausting statutory remedies. The court cautions against providing unwarranted opportunities for parties to evade liability based on jurisdictional errors. Ultimately, the court directs the petitioners to approach the appellate authority and file an appeal within a specified timeframe, ensuring that the appeals are entertained without reference to the limitation period and adjudicated on merits promptly.

In conclusion, the judgment grants the petitioners the liberty to pursue the appellate remedy within the stipulated timeframe and directs the disposal of the appeal expeditiously. It emphasizes the importance of adhering to statutory appeal procedures and respecting the appellate process to ensure justice and efficiency in legal proceedings.

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