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Judgment
Alok Singh, J.—The only question involved in the present case is as to whether petitioner has paid excess amount to the Khadi & Village Industries Commission and, thus, is entitled for the "No Dues Certificate" as well as refund of the excess amount paid. Section 19B of the Khadi and Village Industries Commission Act, 1956 reads as under:
"19B. (1) Any sum payable to the Commission under any agreement expressed or implied, or otherwise howsoever, may be recovered in the manner as an arrear of land revenue.
(2) If any question arises whether a sum is payable to the Commission within the meaning of sub-section (1), it shall be referred to a Tribunal constituted by the Central Government for the purpose which shall, after making such inquiry as it may deem fit and after giving to the person by whom the sum is alleged to be payable an opportunity of being heard, decide the question; and the decision of the Tribunal shall be final and shall not be called in question by any court or other authority.
(3) The Tribunal shall consist of one person who is not connected with the Commission or with the person by whom the sum is alleged to be payable. "
Bare perusal of sub-section (2) of Section 19B would demonstrate that if any question arises whether a sum is payable to the Commission or not, same shall be referred to a Tribunal constituted by the Central Government for the purpose. Petitioner is saying that no amount is due and he has paid amount in excess, therefore, "No Dues Certificate" should be issued in his favour and excess amount should be refunded to him.
In my considered opinion, questions raised by the petitioner can very well be agitated before the Tribunal and Tribunal shall adjudicate the same after appreciating the evidence.
In my humble opinion, although alternate remedy is not an absolute bar in entertaining the writ petition, however, if factual questions are required to be adjudicated after appreciating the evidence, as in the present case evidence has to be looked into to find out as to what was the outstanding amount and what was the amount paid and when same was paid, this Court should not entertain this writ petition under Article 226 of the Constitution of India.
Consequently, writ petition fails and is hereby dismissed. However, petitioner shall be at liberty to approach the Tribunal under Section 19B of the Khadi and Village Industries Commission Act, 1956. CLMA No. 14104 of 2014 also stands disposed of accordingly.