Writ petition not maintainable where effective statutory appeal exists; challenge raised substantial question but appeal must be pursued The SC held the writ petition was not maintainable because the petitioner had an effective statutory remedy of appeal; although the HC found the challenge ...
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Writ petition not maintainable where effective statutory appeal exists; challenge raised substantial question but appeal must be pursued
The SC held the writ petition was not maintainable because the petitioner had an effective statutory remedy of appeal; although the HC found the challenge raised a substantial question and overruled a preliminary objection, the SC found no merit to interfere with the HC's order and dismissed the SLP, leaving the statutory appeal route open to the petitioner.
UPON hearing the counsel and on perusal of the record, the Court found "no good reason to interfere with the impugned order passed by the High Court." After considering the materials on record and the submissions of the petitioner, the Court concluded that intervention was unnecessary and accordingly disposed of the petition by stating, "The Special Leave Petition is, accordingly, dismissed." The decision followed routine appellate review principles: examination of the record, assessment of the grounds urged for interference, and maintenance of the High Court's order where those grounds failed to justify upset. All pending applications arising from the Special Leave Petition were also disposed of. Counsel for the respondent did not appear; counsel for the petitioner presented arguments which the Court treated on the merits but found unpersuasive to disturb the High Court's decision.
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