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2021 (11) TMI 1166 - ALLAHABAD HIGH COURTMaintainability of petition - availability of alternative remedy - HELD THAT:- The writ jurisdiction should not be exercised to stifle the legitimate investigation. It is well settled that the High Court should normally refrain from giving prima facie decision, in case, where the entire facts are incomplete and hazy, more so, when the evidence has not been collected and produced before the Court. The issues involved whether factual or legal are of magnitude and cannot be seen in their true perspective without sufficient material. In the present matter, we lack sufficient material. Therefore, the disputed facts cannot be examined under Article 226 of Constitution of India and once efficacious statutory remedy is available to the petitioner against the notice impugned, then discretionary jurisdiction under Article 226 of Constitution of India not exercised. The writ petition fails and is dismissed on the ground of availability of statutory remedy.
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