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2013 (12) TMI 273 - HC - VAT and Sales TaxAlternate remedy available or not Held that:- The Court has recognized some exceptions to the rule of alternative remedy, i.e., where the statutory authority has not acted in accordance with the provisions of the enactment in question, or in defiance of the fundamental principles of judicial procedure, or has resorted to invoke the provisions which are repealed, or when an order has been passed in total violation of the principles of natural justice - Following Titaghur Paper Mills Co. Ltd. v. State of Orissa [1983 (4) TMI 49 - SUPREME Court] - the party in the ordinary course should approach the appellate authority provided under the Act. High Court will not entertain a petition under Article 226 of the Constitution if an effective alternative remedy is available to the aggrieved person or the statute under which the action complained of has been taken itself contains a mechanism for redressal of grievance still holds the field Thus, when a statutory forum is created by law for redressal of grievances, a writ petition should not be entertained ignoring the statutory dispensation Decided against Petitioner.
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