Mangali Mahinag v. Sushila Sahu (2023) 290 Taxman 563 (Chhattisgarh)(HC)

S. 260A : Appeal-High Court-Writ-Statutory remedy-Alternative remedy-Writ petition was pending for 13 years-Affirming the order of a single judge division bench held that as a proposition of law, it cannot be countenanced that once a writ petition is entertained and admitted, same can’t be dismissed on the ground of availability of alternative remedy at the time of hearing. [Art. 226]

Both appellant and respondent had applied to an advertisement for the appointment of Anganwadi Karyakarta in respect of Janpad Panchayat, Bhilaigarh and after a selection process, the appellant was appointed for the same by an order dated 12-10-2017.  Respondent preferred an appeal before Collector, and subsequently, Collector set aside the appointment of the appellant.  Thereafter, the respondent was appointed for the said position on 25-6-2018.  The appellant filed a writ petition challenging her removal from service by collector.  Single Judge passed a stay order   However, said writ petition was subsequently dismissed for failure to comply with certain directions which were peremptory in nature.  Assessee filed a writ appeal on the ground that once the writ petition was admitted, Single Judge ought not to have relegated such admission by directing the petitioner to avail alternative remedy.  Division  Bench held that as a proposition of law it cannot be countenanced that once a writ petition is entertained and admitted, same cannot be dismissed on grounds of availability of alternative remedy at the time of the hearing. Further, since it was not a case where the writ appellate court ought to have exercised discretion to entertain the writ petition, there was no infirmity with the view taken by the Single judge.