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Whether the writ jurisdiction of High Court under Article 226 of the Constitution of India can be invoked despite the availability of an alternative remedy – Kolkata Municipal Corporation and another Vs. Union of India and others – Calcutta High Court
February 5, 2021
The KMC, which is a statutory authority, exercised its powers under Sections 217 to 220 of the 1980 Act to distraint the asset of the debtor and to attach the property, to be followed by sale in future. In State Bank of Travancore and another vs. Mathew K.C. [(2018) 3 SCC 85], it was also held that discretionary jurisdiction under Article 226 can be exercised even if alternative statutory remedies are available, within the well-defined exceptions as observed by the Supreme Court in Chhabil Dass (2014) 1 SCC 603. Hon’ble High Court held that as laid down in the various judgments, boil down to the ratio that, although a wrongful exercise of available jurisdiction would not be sufficient to invoke the High Court’s jurisdiction under Article 226 of the Constitution, the ground of absence of jurisdiction could trigger such invocation. Hence, in view of the nature of challenge involved in the present writ petition, the same is maintainable in law.