PRAKASH MUNJAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder, the petitioner being aggrieved with the decision taken by the Ranchi Regional Development Authority (RRDA) of not sanctioning the map of the Building Construction Map vide Building Plan Case No. 440 of 2008 dated 11.04.2008 has approached this Court.

(2.) Preliminary objection has been raised by learned counsel for the respondents on the ground of availability of alternative remedy of appeal before the Tribunal stating that various factual aspect is to be adjudicated in this writ petition and as such, the same is fit to be appreciated by the Tribunal since the statute has created the remedy to file an appeal against the decision taken by the RRDA.

(3.) This Court, after hearing the learned counsel for the parties and taking into consideration the averments made in the writ petition, from which, it is evident that the petitioner is questioning the building map plan, which was sanctioned Building Plan Case No. 440 of 2008 dated 11.04.2008 on various ground, is of the considered view that although there is no absolute bar in entertaining the writ petition under Article 226 of the Constitution of India but where question of determination of the issues on factual aspect is involved, the writ Court should refrain from adjudicating the issues, if alternate remedy is available for adjudication of the issues after appreciating the factual aspect.