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TMI Blog2006 (9) TMI 277X X X X Extracts X X X X X X X X Extracts X X X X ..... hin three weeks from today and place its stand before the concerned authority for consideration. The said authority shall consider the stand of the appellant and dispose of the same as expeditiously as practicable preferably within six weeks from the date when the necessary details and/or objections are filed before the authority. In the peculiar circumstances of the case let no coercive steps be taken for recovery of any amount claimed by the respondents as payable by the appellant till the final adjudication by the concerned authority. - Civil Appeals Nos. 2595-2598 of 2000, Writ Petitions Nos. 6710 (M/B) of 1986, 3290 (M/B) of 1991 - - - Dated:- 19-9-2006 - ARIJIT PASAYAT AND KAPADIA S.H. JJ. Ms. Shobha Dikshit, Senior Advoca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a person who purchases agricultural produces for his domestic consumption does not come within the ambit of the said rule. It was also pointed out that it being not a seller within the meaning of rule 2(xiii) of the Niyamavali, no tax can be realised from it under the provisions of the Niyamavali framed under section 40 of the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 (in short, "the Adhiniyam"). Though it is presently urged that several other pleas in addition to the plea relating to captive consumption were raised, the same was not considered and therefore the review petition was filed. The High Court noted that there factual disputes were involved, and, therefore, it would be appropriate for the appellant to appear before the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red to be a rule of self imposed limitation. It is essentially a rule of policy, convenience and discretion and never a rule of law. Despite the existence of an alternative remedy it is within the jurisdiction of discretion of the High Court to grant relief under article 226 of the Constitution. At the same time, it cannot be lost sight of that though the matter relating to an alternative remedy has nothing to do with the jurisdiction of the case, normally the High Court should not interfere if there is an adequate efficacious alternative remedy. If somebody approaches the High Court without availing the alternative remedy provided, the High Court should ensure that he has made out a strong case or that there exist good grounds to invoke th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ainar AIR 1959 SC 422, Municipal Council, Khurai v. Kamal Kumar AIR 1965 SC 1321, Siliguri Municipality v. Amalendu Das AIR 1984 SC 653, S.T. Muthusami v. K. Natarajan AIR 1988 SC 616, Rajasthan State Road Transport Corporation v. Krishna Kant AIR 1995 SC 1715, Kerala State Electricity Board v. Kurien E. Kalathil AIR 2000 SC 2573, A. Venkatasubbiah Naidu v. S. Chellappan [2000] 7 SCC 695, L.L. Sudhakar Reddy v. State of Andhra Pradesh [2001] 6 SCC 634, Shri Sant Sadguru Janardan Swami (Moningiri Maharaj) Sahakari Dugdha Utpadak Sanstha v. State of Maharashtra [2001] 8 SCC 509, Pratap Singh v. State of Haryana [2002] 7 SCC 484 and G.K.N. Driveshafts (India) Ltd. v. Income- tax Officer [2003] 1 SCC 72 See [2003] 259 ITR 19. In Harbans Lal S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esorting to writ jurisdiction. If, as was noted in Ram and Shyam Co. v. State of Haryana AIR 1985 SC 1147 the appeal is from "Caeser to Caeser's wife" the existence of alternative remedy would be a mirage and an exercise in futility. There are two well recognised exceptions to the doctrine of exhaustion of statutory remedies. First is when the proceedings are taken before the forum under a provision of law which is ultra vires, it is open to a party aggrieved thereby to move the High Court for quashing the proceedings on the ground that they are incompetent without a party being obliged to wait until those proceedings run their full course. Secondly, the doctrine has no application when the impugned order has been made in violation of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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