Taking note of the constitution bench ruling in Madan Gopal Rungta (supra), the bench asked the High Courts to take note of this binding precedent and make sure that no case of a similar nature arises in the future for the Court’s consideration.“We trust that the high courts will duly take notice of these binding precedents and hope that no case of a similar nature arises in future for our consideration.”, the court said.It is settled law that once the high court, upon application of mind, declines to entertain a writ petition in the exercise of its discretionary jurisdiction on the ground that an efficacious alternative remedy for grant of relief is available but such remedy has not been pursued by the petitioner, the proceedings do not survive and must draw to an end then and there; however, in such a circumstance when no final relief can effectively be granted on the petition, it is impermissible to pass an order in the nature of an interim relief [either by granting stay of operation of the order under challenge or by directing status quo to be maintained] till such time the aggrieved petitioner approaches the alternative forum. Such an order, as and when passed, would be in the teeth of a Constitution Bench decision of this Court in State of Orissa v. Madan Gopal Rungta (AIR 1952 SC 12).”
Supreme Court Deprecates High Courts Granting Interim Relief While Declining Writ Petitions To Avail Alternate Remedies
