Despite availability of alternate remedy, writ jurisdiction of High Court is not barred when matter relates to violation of fundamental right to life

The case of the petitioner is that electricity connection was not provided to her despite deposit of charges and security demanded by State Electricity Board after completion of necessary codal formalities, to premises occupied by her. Being aggrieved by the denial of electricity connection to the petitioner, she approached the High Court by way of the writ petition.

Petitioner having an appropriate alternate remedy for redressal of her grievance as the jurisdiction to entertain such complaint is vested with Himachal Pradesh Electricity Regulatory Commission under Himachal Pradesh Electricity Regulatory Commission (Licensee’s Duty for Supply of Electricity on Request) Regulations.

In the ordinary course, when despite the availability of alternate remedy, the writ petition is filed for redressal of grievance then Court instead of an entertaining writ petition under Art. 226 of Constitution, relegate parties to avail such alternate remedy. In this case, the petitioner denied electricity connection means she was deprived of her basic amenity which is an integral part of her right to life within the meaning of Art. 21 of the Constitution.

There is no statutory or another bar to High Court to entertain writ petition under Art. 226 of the Constitution when the matter relates to a violation of the fundamental right to life within the meaning of Art. 21 of the Constitution. Relegating petitioner to avail alternate remedy that too when petition admitted by Division Bench for hearing on merits would amount to grave injustice to her.

Writ petition entertained by High Court despite the availability of alternate remedy. Directions issued to State Electricity Board and other authorities to provide electricity connection to petitioner.

Appearing Counsel/s : Mr. Kush Sharma, Mr. Vikrant Thakur

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