Writ petition against an appealable order was declined for statutory remedy and unexplained delay.

A writ petition under Article 226 will ordinarily not be entertained against an appealable order when an effective statutory appellate remedy exists, particularly where the challenge is filed beyond the appeal limitation period. The court noted that the petitioner had participated in the original proceedings without contemporaneous objection to non-supply of relied upon documents, and no material showed an earlier demand for them. Because the dispute involved factual issues and an alternative remedy was available, the writ court declined to act as an appellate forum. Liberty was left to pursue the appellate remedy within the time indicated by the court.

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Issues: Whether the writ petition against an appealable order was maintainable in view of the statutory appellate remedy and the alleged violation of natural justice.

Analysis: The impugned order was appealable under the statutory scheme, and the writ petition was filed well beyond the limitation period prescribed for appeal. The petitioner had participated in the original proceedings without raising a contemporaneous objection regarding non-supply of relied upon documents, and no material was shown to establish an earlier demand for those documents. In such circumstances, the writ court would not act as an appellate forum, particularly where the challenge involved factual issues and the petitioner had an effective alternative remedy.

Conclusion: The writ petition was not entertainable and was declined on the ground of availability of the statutory appellate remedy and unexplained delay.

Final Conclusion: The petitioner was left to pursue the appellate remedy, with liberty to approach the appellate authority within the time indicated by the Court and seek consideration in accordance with law.

Ratio Decidendi: A writ petition under Article 226 will ordinarily not be entertained against an appealable order when the petitioner has an effective statutory remedy, especially where the challenge is delayed and the alleged procedural grievance was not raised before the original authority.

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