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TMI Blog2022 (9) TMI 1622X X X X Extracts X X X X X X X X Extracts X X X X ..... to have decided the case on merits instead of relegating the parties to a civil suit. What cannot be lost sight of the fact is that the writ petition was pending for a long period of 13 years. The aforesaid case does not lay down as a proposition that invariably whenever a writ petition is admitted, it has to be heard on merit and the writ Court cannot exercise discretion to relegate the petitioner to avail alternative remedy. In Uttar Pradesh Rajya Khanij Vikas Nigam Sangharsh Samiti [ 2008 (5) TMI 642 - SUPREME COURT ], it was observed by the Hon'ble Supreme Court that issuance of rule nisi or passing of interim orders is a relevant consideration for not relegating the petitioner to avail alternative remedy if it appears to the High C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant/petitioner to avail alternative remedy, existence of which is not in dispute. 3. Pursuant to an advertisement dated 20.02.2017 for appointment of Aangan-Badi Karyakarta, the appellant as well as the respondent No. 1 had applied for the same in respect of Janpad Panchayat, Bhilaigarh and after a selection process, the appellant was appointed by an order dated 12.10.2017. 4. The respondent No. 1 herein had preferred an appeal before the Collector, Baloda-Bazar and the Collector, by his order dated 04.06.2018, had set aside the order of the appointment of the petitioner and had directed appointment of respondent No. 1, pursuant to which the respondent No. 1 was appointed on 25.06.2018. 5. While considering the interim prayer on 27.07.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the petitioner to avail alternative remedy. In support of his contention, Mr. Kesharwani has placed before the Court a decision of the Hon'ble Supreme Court in the case of Durga Enterprises (P) Ltd. Another v. Principal Secretary, Govt. of U.P. Others , reported in (2004) 13 SCC 665 . 11. Ms. Astha Shukla submits that there is no proposition in law that once a writ petition is admitted, the petitioner cannot be asked to avail alternative remedy. She submits that facts and circumstances of each individual case will determine whether the Court would decide the writ petition or the petitioner would be asked to avail alternative remedy. She has placed reliance on a decision of the Hon'ble Supreme Court in the case of State of Uttar P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding for a long period of 13 years. The aforesaid case does not lay down as a proposition that invariably whenever a writ petition is admitted, it has to be heard on merit and the writ Court cannot exercise discretion to relegate the petitioner to avail alternative remedy. 17. In Uttar Pradesh Rajya Khanij Vikas Nigam Sangharsh Samiti (supra), it was observed by the Hon'ble Supreme Court that issuance of rule nisi or passing of interim orders is a relevant consideration for not relegating the petitioner to avail alternative remedy if it appears to the High Court that the matter could be decided by a writ Court. It was observed that there is no proposition in law that once a writ petition is admitted, it could never be dismissed on the g ..... X X X X Extracts X X X X X X X X Extracts X X X X
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