Preservation of statutory remedy on repeal bars writ recourse where Section 6 of the General Clauses Act applies.

Repeal of the Gold (Control) Act, 1968 did not, by itself, extinguish the pre-existing remedy of reference where Section 6 of the General Clauses Act, 1897 applied and no contrary intention appeared. The court noted that legal proceedings and remedies in respect of existing rights and liabilities are preserved on repeal, so the statutory reference remedy remained available in accordance with law. Because that alternative statutory remedy subsisted, writ jurisdiction was not to be invoked in place of it, and the petition was dismissed on that basis.

---

---

Issues: Whether the remedy of reference survived the repeal of the Gold (Control) Act, 1968 and whether the writ petition was liable to be entertained despite the availability of such statutory remedy.

Analysis: Section 6 of the General Clauses Act, 1897 preserves legal proceedings and remedies in respect of rights and liabilities notwithstanding repeal, unless a different intention appears. On that basis, the remedy of reference was held to remain available in accordance with law, and the writ jurisdiction was not to be invoked where the statutory remedy subsisted.

Conclusion: The remedy of reference was not extinguished by the repeal, and the petition was dismissed on the ground of availability of an alternative statutory remedy.

Ratio Decidendi: Repeal of a Central Act does not, by itself, destroy a pre-existing statutory remedy if Section 6 of the General Clauses Act, 1897 applies and no contrary intention is shown.

---