TMI Blog2021 (7) TMI 1160X X X X Extracts X X X X X X X X Extracts X X X X ..... he final fact finding authorities - Preferring an appeal is the rule. Entertaining a Writ Petition before exhausting the appellate remedy is an exception. Undoubtedly, writ proceedings may be entertained before exhausting the appellate remedy. The power of judicial review of the High Court under Article 226 of the Constitution of India is to scrutinize the processes through which a decision is taken by the competent authority by following the procedures as contemplated, but not the decision itself. Therefore, the routine entertainment of a Writ Petition by dispensing with appellate remedy is not preferable and such an exercise would cause injury to the institutional hierarchy and the importance attached to such appellate institutions. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat this Court passed an order on 09.12.2014 in W.P.No.26148 of 2014 etc., wherein directions were issued to the petitioners therein to submit their reply to the Pre-Revision notice raising all contentions within a period of 30 days from the date of receipt of a copy of that order and a further direction was issued that the Commissioner thereupon shall nominate an Officer to enquire into the matter in respect of all the notices (subject matter of all the Writ Petitions) to consider the reply given by the petitioners and afford an opportunity of personal hearing, in which, the petitioners shall be entitled to produce documents and records in support of their contentions and thereafter, the Officers so nominated by the Commissioner shall pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce with the provisions of law. When the law enumerates the procedures to be adopted, the said procedures are to be scrupulously followed for the purpose of reaching finality in respect of the disputed issues. Contrarily, at every stage if the litigations are entertained, then the very continuance of the proceedings are derailed and the competent authorities would not be in a position to finalise the disputes raised with reference to the grounds. In normal circumstances, the competent authorities must be allowed to proceed with the issues by following the provisions contemplated. Only on exceptional circumstances where actions are initiated by an incompetent authority having no jurisdiction or an allegation of malafides are raised and substa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statutory appellate authorities are the final fact finding authorities. Thus, the finding to be made by such appellate authorities with reference to the documents and evidences are of paramount importance for the purpose of exercise of judicial review by the High Court under Article 226 of the Constitution of India. 7.The power of judicial review of the High Court under Article 226 of the Constitution of India is to scrutinize the processes through which a decision is taken by the competent authority by following the procedures as contemplated, but not the decision itself. Therefore, the routine entertainment of a Writ Petition by dispensing with appellate remedy is not preferable and such an exercise would cause injury to the institutio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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