Inderpal Singh Duggal vs Union Of India,
2024 Latest Caselaw 1408 Tel

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

(2005) 8 SCC 264

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