Telangana High Court
Inderpal Singh Duggal vs Union Of India, on 3 April, 2024
Author: N.Tukaramji
Bench: N.Tukaramji
THE HONOURABLE SRI JUSTICE SUJOY PAUL
AND
THE HONOURABLE SRI JUSTICE N. TUKARAMJI
WRIT PETITION No.8634 of 2024
ORDER (per Hon'ble SP,J)
Learned counsel for the petitioner is heard on admission.
2. During the course of hearing, learned counsel for the petitioner fairly submits that there exists a statutory remedy of appeal, but despite availability of that remedy, this petition can be entertained. He submits that there is violation of principles of natural justice and therefore, in the light of judgment of the Apex Court in Whirlpool Corporation v. Registrar of Trade Marks, Mumbai 1 the petition may be entertained.
3. We have heard the learned counsel for the petitioner at length.
4. The judgment rendered in Whirlpool Corporation (supra) was again considered by the Apex Court in U.P. State Spinning Co. Ltd. v. R.S. Pandey and Another 2 and it was opined as under:-
"17. ...But normally, the High Court should not entertain writ petitions unless it is shown that there is 1 (1998) 8 SCC 1 2 (2005) 8 SCC 264 2 something more in a case, something going to the root of the jurisdiction of the officer, something which would show that it would be a case of palpable injustice to the writ petitioner to force him to adopt the remedies provided by the statute...."
5. In view of this judgment, it is clear that it is the discretion of the writ Court to entertain a petition or not despite the availability of alternative remedy. The competence of authority who passed the impugned order is not called in question during arguments. Thus, in our opinion, the appellate authority is best suited to examine the factual and legal aspects. We find no reason to entertain the petition despite availability of statutory alternate remedy.
6. The writ petition is disposed of by reserving liberty to the petitioner to avail the appellate remedy. It is made clear that this Court has not expressed any opinion on the merits of the case. No costs. Interlocutory applications, if any pending, shall also stand closed.
_____________ Sujoy Paul, J ________________ N. Tukaramji, J 03rd April, 2024 Tsr