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2018 (9) TMI 572 - HC - Central ExciseAlternative remedy of Appeal - waiver of appeal remedy - Maintainability of petition - Exhausting the efficacious alternative remedy provided under the statute. Held that:- The Appellate Authority being a quasi judicial functionary is empowered to adjudicate the merits as well as the legal grounds raised by the respective parties under the provisions of law. Thus, this Court cannot waive the appeal remedy in a routine manner. The appeal remedies are provided under the statute for a purpose and the very object in this regard cannot be deviated by entertaining the writ petitions under Article 226 of the Constitution of India in a routine manner. This Court is of a strong opinion that institutional respects are to be maintained by the constitutional Courts. Whenever there is a provision for an appeal under the statute, without exhausting the remedies available under the statute, no writ petition can be entertained in a routine manner. Only on exceptional circumstances, the remedy of appeal can be waived, if there is a gross injustice or if there is a violation of fundamental rights ensured under the Constitution of India. Otherwise, all the aggrieved persons from and out of the order passed by the original authority is bound to approach the Appellate Authority - Rule is to prefer an appeal and entertaining a writ is only an exception. This being the legal principles to be followed, this Court cannot entertain the writ petitions in a routine manner by waiving the remedy of appeal provided under the statute. Exhausting the efficacious alternative remedy provided under the statute - Held that:- When an effective alternative remedy is available, a writ petition cannot be maintained - Till the appeal is taken up for hearing, the respondents are directed not to initiate any coercive action against the writ petitioner. It is needless to state that the writ petitioner has to pay pre-deposit and the appeal to be submitted in the prescribed format. The writ petitioner is at liberty to prefer an appeal within a period of four weeks from the date of receipt of a copy of this order and on receipt of any such appeal, the Appellate Authority is bound to consider the same on merits and in accordance with law - petition disposed off.
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