LALAN KUMAR JAISWAL v. THE STATE OF BIHAR & Ors.
Case at a glance
- Bench
- CHIEF, BARIN GHOSH
Outcome
Dismissed
Writ petition is dismissed in limine
Provisions considered
Key paragraphs
- Para 33. Writ petition is dismissed in limine. R. M. Lodha, CJ Barin Ghosh, J Anil/
Judgment
Mr. G.P. Bimal, Advocate G.A. 10 -------------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Barin Ghosh -------- Dated, the 11th July, 2008. There is serious dispute on the question as to whether notice sent to the petitioner was, in fact, received by him or not. Such disputed question of fact cannot be conveniently adjudicated in high prerogative writ jurisdiction under Article 226 of the Constitution of India. The counsel for the petitioner does not dispute that the impugned order is amenable to statutory appeal under Bihar Finance Act. The petitioner must pursue the statutory remedy of appeal for redressal of his grievances.
We do not find any exceptional reason for by-passing the statutory remedy of appeal.
Operative part
Writ petition is dismissed in limine. R. M. Lodha, CJ Barin Ghosh, J Anil/
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Writ petition is dismissed in limine
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Bihar Finance Act.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.