SOMANI STEELS LIMITED Vs. COLLECTOR OF CENTRAL EXICE

JUDGEMENT

(1.) Leave is granted.

(2.) In 1983 the writ petition out of which this appeal arose, was filed by the appellants, claiming certain relief's which we need not advert to here ; the High Court dismissed the same on the ground that the appellants had alternative remedy of appeal. In our view, the ground of alternative remedy does not oust the jurisdiction of the High Court under Article 226 of the Constitution. It is a factor which has to be taken into consideration while exercising the jurisdiction under Article 226 of the Constitution by the High Court and, therefore, dismissing the writ petition after 8 years on the ground of alternative remedy would not be a proper exercise of jurisdiction. The learned Additional solicitor General has fairly submitted that on this ground it is not possible to sustain the order under challenge. Accordingly, the order under challenge is set aside. The Writ petition is restored to the file of the High court. The case is remitted to the High court for disposal in accordance with law by allowing this appeal. No costs.