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    <title>2006 (9) TMI 277 - Supreme Court</title>
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    <description>Article 226 writ jurisdiction is discretionary and is ordinarily not invoked when an adequate and efficacious statutory remedy is available. The rule of exhaustion of alternative remedies is a rule of policy and self-imposed restraint, though it yields in recognised cases such as breach of natural justice, lack of jurisdiction, ultra vires action, or abuse of process. Where the dispute turns on factual adjudication, including liability to market fee under the relevant mandi law and rules, the matter should be left to the statutory forum. The writ remedy was therefore declined, and the party was directed to pursue the competent authority, with interim protection against coercive recovery until adjudication.</description>
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    <pubDate>Tue, 19 Sep 2006 00:00:00 +0530</pubDate>
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      <title>2006 (9) TMI 277 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=105785</link>
      <description>Article 226 writ jurisdiction is discretionary and is ordinarily not invoked when an adequate and efficacious statutory remedy is available. The rule of exhaustion of alternative remedies is a rule of policy and self-imposed restraint, though it yields in recognised cases such as breach of natural justice, lack of jurisdiction, ultra vires action, or abuse of process. Where the dispute turns on factual adjudication, including liability to market fee under the relevant mandi law and rules, the matter should be left to the statutory forum. The writ remedy was therefore declined, and the party was directed to pursue the competent authority, with interim protection against coercive recovery until adjudication.</description>
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      <pubDate>Tue, 19 Sep 2006 00:00:00 +0530</pubDate>
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