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2014 (4) TMI 1101 - SC - Indian LawsAvailing simultaneous alternative remedy while filing an appeal - property dispute - administration of the temple - Held that:- The appellant having availed the alternative remedy available under the Act, however, approached this Court by way of these Civil Appeals. In our opinion, the appellant cannot be permitted to avail two remedies simultaneously, and such conduct of the appellant is abuse of process of Court. It is no doubt settled law that mere availability of alternative remedy cannot be a ground to reject the relief in a Public Interest Litigation, but in the facts and circumstances of the case, namely the history of the case, right from 15th century, the long standing litigation, the voluminous record, etc. involving disputed questions of facts and law, we are of the considered opinion that adjudication of such disputes is not possible in a Public Interest Litigation, and the remedy is to get such disputes adjudicated by a fact finding authority as enumerated under the Act, which remedy is not only alternative, but also effective, because the parties can put a quietus to the litigation once for all. Hence, in view of our above discussion, we are of the considered opinion that the High Court, by the impugned order, was justified in relegating the parties to the Assistant Commissioner, before whom the applications are pending adjudication. The appellant having got impleaded himself in the applications before the Assistant Commissioner and having invited an order from the High Court, now cannot be permitted to question the said order of the High Court.
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