NAGESHWAR PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition has been filed under Art. 226 of the Constitution of India wherein order passed by the Assistant Settlement Officer, Dumka - Respondent No.2 in M.P. Case No. 1147/2012 has been assailed.

(2.) Learned counsel for the respondent submits that there is provision of statutory appeal and revision therefore the writ petition may not be entertained at this stage.

(3.) Having heard learned counsel for the parties and on appreciation of their rival submissions it is evident that this Court is of the view that the jurisdiction of the High Court under Art. 226 is not to be invoked if there is efficacious remedy available, subject to exceptions that the order passed is without jurisdiction or the order is not in consonance with the statutory provision or there is infringement of fundamental rights but no such ground has been raised by the petitioner therefore, this Court refrains itself in exercising extraordinary jurisdiction conferred to this Court under Art. 226 of the Constitution of India.