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HC dismissed the writ petition for lack of maintainability, ...


Statutory Remedy Under CGST Act Precludes Writ Petition, Emphasizing Exhaustion of Administrative Remedies First

May 12, 2025

Case Laws     GST     HC

HC dismissed the writ petition for lack of maintainability, holding that an alternate statutory remedy exists under the CGST Act, 2017. The court emphasized the rule of exhausting statutory remedies before invoking extraordinary writ jurisdiction under Article 226. The detailed show cause notice served to the petitioner demonstrated procedural compliance, and no exceptional circumstances warranted judicial intervention. The court clarified that alternate remedy is not an absolute bar to writ petition, but in this instance, the petition was deemed non-maintainable without expressing opinions on the substantive merits of the case.

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