RAMHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners, five (05) in number, have filed the instant writ petition seeking the following reliefs:-

(2.) A perusal of the prayer clauses make is clear that disputed questions of fact have been raised by the writ petitioners for which extra ordinary jurisdiction of this Court has been invoked. It is apparent that the petitioners have alternative efficacious remedies available to them under various provisions of East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 as well as The National Highways Act, 1956, apart from other relevant statutes as advised to them.

(3.) The inherent powers under Article 226 of the Constitution are to be exercised consciously and by exercising self restraint. By invoking Article 226 of the Constitution, the litigants cannot be permitted to skip the queue and raise factual issues before High Courts. For each grievance, the Legislature has provided for remedies to its Citizens by enacting statutes, which are required to be invoked by them for redressal. Thus, the citizens are expected to approach the right Forum and raise their pleas there and not approach the High Court directly. Hence, we find that the present writ petition is not maintainable.