DERBY TEXTILES LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE special appeals filed under Section 18 of the Rajasthan High Court Ordinance, 1949 are directed against the common order of the learned Chief Justice dated 8. 4. 92 dismissing seven writ petitions and the order dt. 16. 4. 92, and the orders dated 23. 4. 92/21. 5. 92 passed by the learned Single Judge whereby on the basis of the said order he has dismissed seven writ petitions.

(2.) SINCE all these appeals raise a common question of law and fact filed by the same petitioner, so they are being disposed of by this common judgment. Though appeals arising out of the common order passed in S. B. C. W. Petition No. 2602, 2604 and 2606 of 1986 are not before us.

(3.) IT is well settled that when impugned order is per se without jurisdiction it is always open to the High Court to entertain a writ petition notwithstanding the fact that there is an alternative statutory remedy otherwise if there is alternative remedy the High Court should not exercise -discretion under Article 226. IT is also settled that if the writ petitions are admitted and pending and heard on merits they should not be dismissed on the ground of existence of an alternative remedy as there is no absolute bar to its maintainability. Thus, the ratio of the authorities cited cannot be disputed but no hard and fast rule of the application can either be enunciated or evolved and each case depends upon the facts of its own.