When writ to be issued in spite of availability of alternative remedy

In Harbanslal Sahnia (supra), Lahoti, J, (as His Lordship then was),
relied upon Whirpool Corporation vs. Registrar of Trade Marks [(1998) 8
SCC 1] observing that in an appropriate case, in spite of availability of the
alternative remedy, the High Court may still exercise its writ jurisdiction in
at least three contingencies : (i) where the writ petition seeks enforcement of
any of the fundamental rights; (ii) where there is failure of principles of
natural justice; or (iii) where the orders or proceedings are wholly without
jurisdiction or the vires of an Act is challenged.

1. The law is well settled that when there is an error in exercise of jurisdiction or when an inferior Court or tribunal acts without jurisdiction or in excess of it, or fails to exercise it, this Court in exercise of its powers under Article 226 of the Constitution will quash the said order. But where there may be conceivably two opinions, it can hardly be said to be an error and not every error can be corrected by a superior Court in exercise of its statutory powers as a Court of appeal or revision._________Vol. 106 CLT 281

Even otherwise the petitioners could have approached the authorities dealing with complaints under the provisions of the Complaint Handling Procedure. Without exhausting the aforesaid remedies available to the petitioners they should not have rushed to this Court by invoking the extra-ordinary powers enshrined under Article 226 of the Constitution.___________71 CLT, Vol. 95