Feroz Ahmad Dar vs State Of J&K And Others
2021 Latest Caselaw 665 j&K/2

                                                                   Sr. No.102

      IN THE HIGH COURT OF JAMMU AND KASHMIR
                     AT SRINAGAR
                  (Through virtual Mode)

CJ Court

                            LPA No.29/2021

Feroz Ahmad Dar                                ...Petitioner(s)/Appellants.
Through:   Mr. J. H. Reshi, Advocate.
                                   Vs.
State of J&K and others.                                 ....Respondent(s)
Through:
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                               ORDER

29.06.2021

1. Heard Mr. J. H. Reshi, learned counsel for the appellant.

2. The writ petition filed by the petitioner-appellant was dismissed vide judgment and order dated 31.12.2020. The said judgment and order has been impugned in the present appeal.

3. The submission of learned counsel for the appellant is that once his writ petition was entertained despite statutory remedy, he ought to have been heard on merits.

4. A perusal of the appeal reveals that the award passed by the Commissioner Employees Compensation Act dated 26.02.2015 was impugned by means of the writ petition. The writ petition was entertained but ultimately the Court dismissed it on the ground that the petitioner has a statutory remedy of filing appeal under Section 30 of the Act.

5. It is not disputed that against the award dated 26.02.2015, the petitioner has a statutory remedy of appeal under Section 30 of the Act but despite the same he has preferred the writ petition directly before the High Court. It is well settled that the jurisdiction under Article 226 of the Constitution of India is an extra ordinary jurisdiction and is discretionary in nature. Therefore, if the Court has refused to exercise its discretionary jurisdiction in the matter on the ground that the petitioner has an alternative statutory remedy of appeal, the judgment and order of the writ Court cannot be faulted with. The appeal, as such, lacks merit and is dismissed with liberty to the appellant to avail the remedy available under Section 30 of the Act, wherein the appellant-petitioner may seek the condonation of delay in filing the appeal by taking shelter of Section 5 read with Section 14 of the Limitation Act.

6. The appeal is, accordingly, dismissed in the aforesaid terms.

                                              (SANJAY DHAR)                 (PANKAJ MITHAL)
                                                     JUDGE                  CHIEF JUSTICE
                   Srinagar
                   29.06.2021
                   Abdul Qayoom, PS




ABDUL QAYOOM LONE
2021.06.29 17:31
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