THE A.P. PAPER MILLS LTD. Vs. B.V. JAWAHAR &. ANR.
LAWS(SC)-1991-1-59
SUPREME COURT OF INDIA
Decided on January 29,1991

The A.P. Paper Mills Ltd. Appellant
VERSUS
B.V. Jawahar And. Anr. Respondents

JUDGEMENT

B.C.Ray, J. - (1.) Leave granted.
(2.) We have heard learned counsel for both the parties and we are of the opinion that the High Court was not justified in dismissing the writ petition challenging the order passed by the authority under section 48(1) of the A.P. Shops & Establishments Act, 1988 on the only ground that there was an alternative remedy of filing an appeal under the said Act and the petitioner did not avail of the same. It appears that the question as to the jurisdiction of the authority under the said Act being raised the High Court ought not to have rejected the writ petition only on the ground of alternative remedy. We, therefore, set aside the order dated September 21, 1990 passed in Writ Petition No. 13721 of 1990 and remand the case back to the High Court of Andhra Pradesh for deciding the questions raised in the writ petition in accordance with law after hearing the parties.
(3.) The appeal is disposed of.;


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