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august 1968

Supreme Court of India · 1968-08-02

BABU RAM PRAKASH CHANDRA MAHESHWARI vs ANTARIM ZILA PARISHAD MUZAFFAR NAGAR

Citation / case number
SC 1966/60547
Court
Supreme Court of India
Petitioner
BABU RAM PRAKASH CHANDRA MAHESHWARI
Respondent
ANTARIM ZILA PARISHAD MUZAFFAR NAGAR
Author
V. RAMASWAMI
Bench
V. RAMASWAMI

Judgment text excerpt

The Supreme Court held that under Article 226 of the Constitution of India, a High Court can entertain a writ petition and issue a writ of certiorari even if alternative remedies have not been exhausted, particularly when the Tribunal acts ultra vires or denies natural justice. The Court emphasized that the exhaustion of statutory remedies is a self-imposed limitation rather than a strict rule of law. The Court relied on precedents such as State of Uttar Pradesh v. Mohammad Nooh, [1958] S.C.R. 596, and clarified that exceptions exist for ultra vires actions and violations of natural justice.

BABU RAM PRAKASH CHANDRA MAHESHWARI vs ANTARIM ZILA PARISHAD MUZAFFAR NAGAR · Niyam