Writ not entertained if alternative remedy of filing of appeal not availed

Last updated: 02 September 2023

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Quick Summary

The Patna High Court has ruled that a writ petition under Article 226 of the Indian Constitution will not be entertained if an alternative remedy, such as filing an appeal, has not been availed. In this case, M/s. Narayani Industry approached the High Court directly without filing an appeal against orders issued by the Revenue Department. The court found no jurisdictional error or violation of natural justice, and therefore, dismissed the writ petition, emphasising that statutory appeal routes must be exhausted first.

Court :
Patna High Court

Brief :
The Hon'ble Patna High Court in M/s. Narayani Industry v. State of Bihar [Civil Writ Jurisdiction No.11333 of 2023 dated August 11, 2023] held that when there is a specific period for condonation of delay in the statute, there cannot be any extension of the said period by the Appellate Authority under Article 226 of the Indian Constitution.

Citation :
Civil Writ Jurisdiction No.11333 of 2023 dated August 11, 2023

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