PHR Invent Educational Society vs UCO Bank 2024 INSC 297 – Article 226 Constitution-Writ Petition- Alternative Remedy

Constitution of India, 1950 ; Article 226 – A writ petition under Article 226 of the Constitution be entertained in spite of availability of an alternative remedy (i) where the statutory authority has not acted in accordance with the provisions of the enactment in question; (ii) it has acted in defiance of the fundamental principles of judicial procedure; (iii) it has resorted to invoke the provisions which are repealed; and (iv) when an order has been passed in total violation of the principles of natural justice – The High Court will not entertain a petition under Article 226 of the Constitution if an effective alternative remedy is available to the aggrieved person or the statute under which the action complained of has been taken itself contains a mechanism for redressal of grievance – In SARFAESI matters, the High Court should not entertain a petition under Article 226 of the Constitution particularly when an alternative statutory remedy is available.

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