SHARIF KHAN Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) HEARD .

(2.) THE petitioner is aggrieved by order dated 19.6.2014 (Annexure P -1). Shri Mahesh Goyal fairly admits that there exists an alternative remedy under Section 308/323 of Municipalities Act, 1961 but prayed for entertaining this petition directly on the singular ground that before passing impugned notice, Annexure P/1, no opportunity of hearing is given to the petitioner.

(3.) NO doubt, writ petition can be entertained despite availability of a statutory alternative remedy but that is a matter of discretion and not of compulsion. It is not argued that the order dated 19.6.2014 is passed by an authority, who does not have jurisdiction. It is argued that principles of natural justice are violated. The Apex Court in : (2005) 8 SCC 264 (U.P. State Spg. Co. Ltd. vs. R.S. Pandey), opined that in such circumstances, unless it is shown that relegating the party to approach the alternative forum will cause palpable injustice and unless it is shown that the order is without jurisdiction, normally the petitions may not be entertained.