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Anubhav Kumar Choudhary & Ors. v. Union of India & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 2405 of 2016)Decided 29 Feb 2016
Civil Appeal No. 2405 of 2016
Justice J. Chelameswar · Justice Abhay Manohar Sapre

Background

The appellants had filed a writ petition before the Patna High Court seeking relief related to a grievance against the National Thermal Power Corporation (NTPC). The High Court permitted them to withdraw the petition so they could instead file a representation before NTPC's competent authority, but in doing so added a condition that they would have "no liberty" to approach the High Court again on the same cause of action. Aggrieved by this restriction, the appellants appealed to the Supreme Court.

Decision Breakdown

The Supreme Court, disposing of the appeal at the admission stage itself without notice to the other side, agreed with the appellants that the High Court had erred. While the High Court was right to grant liberty to file a representation to NTPC, it had no justification for simultaneously stripping the appellants of their right to return to court if that representation was later rejected or left undecided. The Court held that the right to prosecute a legal remedy against the decision of the State or its agency is a valuable right of a citizen, which cannot be taken away without assigning reasons. It therefore allowed the appeal in part, setting aside only the portion of the High Court's order that barred future recourse to the courts, and expressly granted the appellants liberty to pursue all available legal remedies if and when the need arose depending on the outcome of their NTPC representation.

Lesson Learnt

A court granting a litigant liberty to pursue an alternative remedy (such as an administrative representation) cannot, without stating reasons, simultaneously close the door on returning to court later if that alternative remedy fails: the citizen's right to seek judicial recourse against government action is not to be casually extinguished.

Official source (sci.gov.in)View Judgment (PDF)

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