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2024 (12) TMI 591

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..... justice - HELD THAT:- In the facts of the present case, there are no substantial ground to deviate from the practice of exhaustion of alternate remedies. Simply alleging a violation of natural justice or claiming that judgments of the Supreme Court or High Courts are not considered is insufficient. These contentions must be made good. By making such allegations, the parties must not try to argue t .....

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..... imitation issue - petition is disposed off by keeping all parties' contentions open and by relegating the Petitioner to the remedy of appeal. - M.S. SONAK JITENDRA JAIN, JJ. For the Petitioner : Mr. Prakash Shah a/w Mr. Mihir Mehta a/w Mr. Suyog Bhave and Mr. Yash Prakash i/b. PDS Legal. For the Respondent-State : Ms. S. D. Vyas, Addl. G. P. a/w Mr. G. R. Raghuwanshi, AGP. PC.:- 1. Heard lea .....

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..... rdingly, Mr. Shah submits that this is not a case where the Petitioner should be relegated to the alternate remedy. 5. Ms. Vyas defended the impugned orders based on the reasoning reflected therein. She disputes the contentions raised and submits that there is no reason why the Petitioner should not be relegated to the alternate statutory remedy provided by the law. 6. We have considered the rival .....

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..... If the point was so plain, at least an application for rectification should have been filed within the prescribed period. 9. Recently, in the case of Oberoi Constructions Ltd. Vs. The Union of India Ors. in Writ Petition (L) No.33260 of 2023 , we have surveyed the decisions on the principle of exhaustion of alternate remedies. Following our reasoning in the judgment, we decline to entertain this p .....

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