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2017 (5) TMI 337 - HC - Central ExcisePrinciples of natural justice - alternative remedy - non-consideration of the series of authorities cited before the said respondent no.2 by Learned Advocate for the petitioners in the proceeding under Section 5(3) of the Tikha Tenancy Act of 2001 - power yo issue writs - Held that: - the power to issue prerogative writs under Article 226 of the Constitution of India is plenary in nature and the said power is not limited by any other provisions of the Constitution. The law is well-settled that the High Court can exercise jurisdiction under Article 226 of the Constitution in spite of having alternative remedy when the principle of natural justice is violated or when the order is passed without jurisdiction or the vires of any statute is under challenge or prayer is made for enforcement of any Fundamental Right. The Single Bench of the High Court can exercise writ jurisdiction in relation to an order passed by the Commissioner of Central Excise or by the Commissioner of Customs, in spite of having alternative remedy of preferring appeal before CESTAT when principles of natural justice are violated or when the order has been passed without jurisdiction. The natural corollary is that the present writ application is not maintainable before the Single Bench of the High Court - The writ application is, thus, dismissed.
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