Statutory appeal and interim protection: writ challenge declined, but stay granted to preserve the appeal's effectiveness.

An efficacious statutory appeal before the Tribunal justified declining to entertain the writ challenge to the cancellation order at the admission stage, while leaving any constitutional challenge to the statutory provision open for later consideration. Because the Tribunal might not have power to stay the cancellation order and the appeal could otherwise be rendered ineffective, interim protection was granted to preserve the petitioners' position pending appeal, with renewal of the licence on usual terms if it expired in the meantime. The matter was disposed of with limited interim relief, while the merits were left for the appellate forum.

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Issues: (i) Whether the petition should be entertained despite the availability of an appeal to the Tribunal; (ii) Whether interim stay of the impugned cancellation order should be granted pending the appeal.

Issue (i): Whether the petition should be entertained despite the availability of an appeal to the Tribunal.

Analysis: The impugned cancellation order was appealable before the Tribunal, and the challenge to its validity could be raised there on merits. The existence of that appellate remedy was treated as an adequate reason not to entertain the writ challenge at that stage. The proposed constitutional challenge to the statutory provision was also left open for a later stage, if necessary.

Conclusion: The writ petition was not entertained on the ground that the petitioners should pursue the statutory appeal.

Issue (ii): Whether interim stay of the impugned cancellation order should be granted pending the appeal.

Analysis: It was accepted that the Tribunal might not have power to stay the cancellation order. To prevent the appeal from being rendered ineffective, interim protection was considered necessary. The Court therefore granted stay of the impugned order during the pendency of the appeal and for a limited period thereafter, with consequential renewal of the licence on usual terms if it expired in the meantime.

Conclusion: Interim stay was granted in favour of the petitioners.

Final Conclusion: The petition was disposed of with interim protection to preserve the petitioners' position pending the statutory appeal, while leaving the constitutional challenge open for appropriate consideration later.

Ratio Decidendi: Where an efficacious statutory appeal is available, the writ court may decline to adjudicate the merits at the admission stage, but it may grant interim protection if the appellate forum cannot effectively preserve the subject matter of the dispute.

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