Legal Notes by Arvind Datar: The teasing illusion of alternative remedy
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Summary
The most common ground for rejecting a writ petition at the initial stage is the existence of an alternative remedy. The unsuccessful petitioner is directed to pursue the statutory appeal or revision that is available to him. In the case of a show cause notice, he is called upon to respond to the notice and appear before the adjudicating authority. It is a matter of regret that many High Courts make this the rule without considering whether the statutory remedy is efficacious at all. This is mor