Alternate remedy

  1. A forum has been created where the domicile certificate can be challenged — Without availing that remedy domicile certificate cannot be challenged in collateral proceedings in the High Court where some other action taken in furtherance to this certificate is challenged. Shahista Mumtaz v. Secretary Education and 6 others 2003 SCR 446 (B)
  2. Notwithstanding the availability of the alternate remedy the High Court can in suitable cases entertain and decide a writ petition where alternate remedy is also available – If the case requires elaborate and detailed examination and analysis the proper course is to approach the Court which has regular jurisdiction under law — In writ jurisdiction the High Court ordinarily decides the cases on the basis of documents and affidavits  placed before it — Writ jurisdiction is not akin to an appellate or revisional  jurisdiction but an extraordinary remedy.Muhammad Riaz & 8 others v. Pervaiz Mehandi & 72 others 2005 SCR 364 (B)
  3. Writ jurisdiction — Where right of appeal is provided, the filing of writ petition cannot be justified — If the appellant would have availed the right of appeal before the Board and the same would have remained unattended for indefinite period only then he could have availed writ jurisdiction of the High Court — As the remedy of writ was availed without availing the alternate remedy of appeal before the Board, therefore, his writ petition was rightly dismissed by the High Court. Muhammad Munir v. Chairman/Chairperson AJ&K BISE & 3 others 2006 SCR 29 (A)
  4. S.44 of AJ&K Interim Constitution Act, 1974 — writ — its maintainability — in presence of alternate remedy — the extraordinary jurisdiction u/s 44 — cannot be invoked when alternate remedy under law is available to an aggrieved party — Held: according to law, the alternate remedy must be adequate, efficacious, convenient, beneficent, speedy and effective — Further held: where the Court thinks proper that the order impugned in the writ petition is without jurisdiction and unlawful, there would be no bar on filing a writ petition and the Court would not hesitate in entertaining the Constitutional petition although alternate remedy is available. Noman Razzaq v. Faryad Hussain Ch. & 13 others 2014 SCR 921 (C) 2012 SCMR 1632 rel. 
  5. —Writ petition—in presence of alternate remedy— maintainability of—The consensus is that where an alternate remedy is provided by the Statute then that must be availed/exhausted before resorting to the supervisory jurisdiction of the High Court— the question of adequacy and efficaciousness of a remedy depends upon the circumstances of each and every case. Where an order of an authority/special Tribunal is ab initio void or illegal, then the availability of the alternate remedy may not be a hurdle in the way of High Court for exercise of Constitutional jurisdiction. University of AJ&K vs Mohtasib (Ombudsman) 2018 SCR 1257 (B) PLD 1972 SC 279, PLD 2002 SC 452, 2009 SCR 542, 2014 SCR 921, 1994 CLC 1428 & 1996 CLC 1551 rel
  6. —Art. 44 of AJ&K Interim Constitution Act, 1974— Section 32 of the Establishment of the Office of Mohtasib (Ombudsman) in AJ&K Act, 1992—Held:in presence of statutory remedy in the shape of section 32 of the Establishment of the Office of Mohtasib (Ombudsman) in AJ&K Act, 1992, the writ petition was not competent because the president in the capacity of the appellate authority is vested with the power to set aside or amend the judgment/order passed by the Mohtasib. By no stretch of imagination, it can be said that this statutory remedy was not adequate or efficacious. University of AJ&K vs Mohtasib (Ombudsman) 2018 SCR 1257  (C)
  7. — writ — maintainability of — See Neelum View Hotel versus Vice Chancellor AJK University & 02 others 2023 SCR 1188 (A, D & E)
  8.  — writ — maintainability of — where an alternate and efficacious remedy is available, the writ is not competent. Ch. Muhammad Ismail vs Ch. Maqbool Ahmed Gujjar & 24 others 2024 SCR 60 (C/1)
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