BABU RAM ASHOK KUMAR Vs. ANTARIM ZILA PARISHAD

JUDGEMENT

(1.) I agree with brother Dwivedi that Mr. Justice Jagdish Sahai rightly exercised the discretion of nor granting relief to the appellant in exercise of his extraordinary jurisdiction on the ground that an alternative adequate remedy was open to it and it had failed to avail itself of it.

(2.) Rule 6 of Ch. XXII of Rules of Court prima facie appears to be ultra vires the Court, but the matter was not discussed at the Bar and I do not give any definite opinion.

(3.) I do not agree with the contention of Sri Gopal Behari that Jagdish Sahai, J. ought not to have dismissed the petition summarily when it raised some questions of importance. Even when a statute expressly grants a power to dismiss an application summarily it does not take it away when the application raises important questions it law Even an important question can be decided correctly and if the High Court finds that important questions that arose before an inferior Tribunal were decided by it correctly it is not compelled to entertain the petition for certiorari or mandamus against the inferior Court and to give notice of it. No useful purpose will be served by its entertaining the petition and giving notice of it. If Jagdish Sahai, I heard the applicants counsel in full it became irrelevant whether the questions raised by him were important or not there was nothing to prevent his deciding them there and then.