2006 (9) TMI 277

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....spondents.   Dr. A.M. Singhvi and Vijay Hansari, Senior Advocates (Gaurav Jain and Ashok Mathur, Advocates, with them) for the appellant.   --------------------------------------------------   The judgment of the court was delivered by   ARIJIT PASAYAT J.-Challenge in these appeals is to the judgment rendered by a division Bench of the Allahabad High Court. Two of the appeals, i.e., Civil Appeal Nos. 2595-96 of 2000 relate to the order requiring the appellant to avail statutory remedy and other two appeals, i.e., Civil Appeal Nos. 2597-98 of 2000 relate to the order passed in the a review application filed by the appellant, rejecting the prayer for review. The basic prayer in the writ petition was to restr....

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....relating to captive consumptions were raised and, therefore, the matter should be heard afresh. The High Court dismissed the review petition on the ground that the points raised in the review petition were neither raised in writ petition nor were contended before the court when the matter was heard. In support of the appeal, learned counsel for the appellant submitted that the High Court was clearly in error by directing the appellant to avail the statutory remedy. According to him, the decision of this court in Krishi Utpadan Mandi Samiti v. Shree Mahalaxmi Sugar Works [1995] Suppl 3 SCC 433, clearly supports the stand taken by the appellant. In response, learned counsel for the respondents, submitted that on factual adjudication it ....

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.... Tribunal, Kotah AIR 1955 SC 425, Union of India v. T.R. Varma AIR 1957 SC 882, State of U.P. v. Mohammad Nooh AIR 1958 SC 86 and K.S. Venkataraman and Co (P) Ltd. v. State of Madras AIR 1966 SC 1089 See [1966] 17 STC 418 (SC)., held that article 226 of the Constitution confers on all the High Courts a very wide power in the matter of issuing writs. However, the remedy of writ is an absolutely discretionary remedy and the High Court has always the discretion to refuse to grant any writ if it is satisfied that the aggrieved party can have an adequate or suitable relief elsewhere. The court, in extraordinary circumstances, may exercise the power if it comes to the conclusion that there has been a breach of principles of natural justice or pro....

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....pulsion and the court must consider the pros and cons of the case and then may interfere if it comes to the conclusion that the petitioner seeks enforcement of any of the fundamental rights; where there is failure of principles of natural justice or where the orders or proceedings are wholly without jurisdiction or the vires of an Act is challenged. In G. Veerappa Pillai v. Raman and Raman Ltd. AIR 1952 SC 192, Assistant Collector of Central Excise v. Dunlop India Ltd. AIR 1985 SC 330, See [1985] 154 ITR 172 (SC). Ramendra Kishore Biswas v. State of Tripura AIR 1999 SC 294, Shivgonda Anna Patil v. State of Maharashtra AIR 1999 SC 2281, C.A. Abraham v. Income-tax Officer, Kottayam AIR 1961 SC 609 See [1961] 41 ITR 425 (SC)., Titaghur Pape....