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Judgment
M. Katju and R.S. Tripathi, JJ.—Heard the learned Counsel for the Petitioner and Shri Pradeep Kumar and the learned standing counsel for the Respondents.
The Petitioner has challenged the impugned advertisement dated 16.5.2003 published in daily news paper "Times of India", contained in Annexure-2 to the writ petition and the order dated 9.2.2002, contained in Annexure-9 to the writ petition. The Petitioner has also prayed for a mandamus directing the Respondents to allow the Petitioner to complete the project for which the Petitioner-company has been selected and M.O.U. has been signed.
In our opinion, the litigations except those of extraordinary nature should go before the civil court by way of filing civil suit. Writ jurisdiction is an extraordinary jurisdiction to be exercised sparingly, but many High Courts in this country including Allahabad High Court, have made writ jurisdiction almost a substitute for a civil suit. Many such petitions which can be litigated by filing civil suits, are being filed in large numbers in this Court, and since this Court has been taking an over liberal view, the result is that there are 7 or 8 lac arrears. The time has now come again to restore the original concept of writ jurisdiction, namely, that it is extraordinary jurisdiction and not ordinary jurisdiction. Ordinarily, civil cases should go to the civil court by way of civil suits and should not directly come to the High Court. Though no doubt the powers of the High Court under Article 226 of the Constitution are very wide, but it is well-settled that those powers should be exercised on certain principles. Article 226 of the Constitution provides an extraordinary, discretionary remedy apart from the ordinary remedy of a civil suit, but unfortunately this Court has been entertaining a large number of cases which ordinarily should go to the civil court, and this has resulted in the Court being overburdened with heavy arrears. Hence, the only way out is to again restore the original concept of writ jurisdiction as extraordinary jurisdiction, which will not be invoked ordinarily if the remedy of suit is available.
For the reasons given above, the writ petition is dismissed on the ground of availability of alternative remedy by way of filing a civil suit.