Writ Section.

pratik (Querist) 15 August 2010 This query is : Resolved
Thanku You Sir (Koumarish Bhattacharya)thank you very much .

But As per which section & case laws.

1) Can one Judge pass the order and another Judge sign the same order any in any matter whether it may be civil or criminal in any court including the Supreme Court Judge.which section or case laws says.

2) Writ is allowed when no other alternative and appeal is available in law or we can say that the staute says that appeal is not allowed in any matter than we can file a writ ONLY IN THE HIGH COURT as per which section the above mentioned matter says.

Thanking u All Experts In Advance.

GOD BLESS U ALL.

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s.subramanian (Expert) 15 August 2010
You read Order 20 CPC with regard to Query No.1.

Under Art.226,the HIgh Court is exercising the extraordinary and special original jurisdiction,which is vested with the High Court for being exercised in extra ordinary situation as suggested by the nomenclature itself.That is why it is invoked only when no other alternative and efficacious remedy is available.

WHATSAPP 91-8075113965 (Expert) 15 August 2010
sir,
art 226 and art 32 of our constitution deals with our right to constitutional remedies.
art 226 deals with high court 's power whereas art 32 deals with supreme couert's power to entertain writ petitions.
refer :-
Article 226 AND 32 of the Constitution grants special extraordinary and discretionary powers to the High Courts AND SUPREME COURT respecteively to exercise jurisdiction. It is considered to be very vast. There was a tendency to approach the High Court in all matters due to its extraordinary jurisdiction. The matters which would have ended in lower courts are burdening the High Courts. So normally the stand of the Courts is that its extraordinary jurisdiction under Art.226 will not lie when there is alternative remedy. Thus unnecessary burden upon High Courts is limited. Whatever be the hue and cry about the burdening of upper Courts; they are something extraordinary. So an interesting question is whether a writ petition is maintainable when an alternative remedy is available.
answer , generally, is YES.

Various High Courts and Supreme Court at many times clarified this point in single bench and full bench decisions. The latest in this point is reported in KLT journal. The nutshell is stated below:

Parties: Satwati Deswal v.State of Haryana

Present: Hon'ble Mr.Justice Tarun Chatterjee & Hon'ble Mr.Justice R.M.Lodha

Citation:2009(4) KLT SN 80(C.No.75)SC

In this case, an order of termination of passed without any show cause notice and without initiating any disciplinary proceedings and without an opportunity of hearing the party. It was held that the right under Article 226 can be exercised even if there is alternative remedy as in this case the natural justice was violated and there is a violation of fundamental rights.
In a case decided by the Kerala High Court in a Securitisation matter the power under Article 226 was discussed. The nutshell is as follows:

Parties: Betty v. Union Bank of India

Present:Hon'ble Mr.Justice Antony Dominic

Citation: 2007 (4) KLT SN 53 (C.No. 58)

In this case the Bank arbitrarily classified accounts as Non Performing Assets in violation of guidelines issued by Reserve Bank. It was held that writ petition is maintainable in spite of the alternative remedy of appeal.
Thus we can see that the availability of alternative remedy is not a bar, but a self-imposed restriction. When there is patent illegality or the court of tribunal lacks jurisdiction or it acted without jurisdiction arbitrarily violating the fundamental rights and natural justice the power under Art.226 can be invoked.
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