Art. 226 can be invoked despite the availability of alternate remedies in cases of miscarriage of natural justice

Madhya Pradesh High Court: The Court entertained a writ petition under Article 226 despite the availability of alternate remedies. The case before the Court was that license of the Petitioners, a kerosene dealership, was suspended without granting an opportunity to them. The petitioners claimed violation of natural justice as they had not been afforded the opportunity to put forward their side.

The Court accepted this petition despite the availability of alternate remedies on the ground that principles of natural justice had been violated, which fact had been admitted by both parties. The impugned order was set aside as ‘due process’ had not been followed while passing it. However, the respondents were given the liberty to proceed against the petitioner in accordance with law and the principles of natural justice. [M/s R.K. Dwivedi v. The State of Madhya Pradesh, 2017 SCC OnLine MP 1189, decided on 11.09.2017]

 

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