Jharkhand High Court: Sujit Narayan Prasad, J, dismissed the writ petition on the ground of availability of alternative remedy.
In the pertinent case, the petitioner moved to the High Court under Article 226 of the Constitution of India 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.
The counsel for the respondents raised the preliminary objection 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.
The Court held that it is evident that the petitioner is questioning the building map plan, on various ground and Court 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. Hence, the writ petition cannot be entertained on the ground of availability of the alternative remedy of appeal before the Tribunal of the RRDA is available.[Prakash Munjal v. State of Jharkhand, 2019 SCC OnLine Jhar 1153, decided on 06-09-2019]
