Court refuses to intervene as alternate remedy available

Calcutta High Court: Dealing as to whether the writ petition can be filed without exhausting the remedies provided in the law, a bench comprising of Dipankar Dutta, J dismissed the writ petition, directing the petitioners to take the recourse as provided in the statute. In the present case, the petitioner sought for information with respect to equipments purchased by the various Government hospitals under Section 6 of the Right to Information Act, 2005 which was not provided to him. Instead of the redressal provided in the Act, petitioner filed petition before this Court contending the Court to interfere as the matter relates to life and liberty of patients of Government hospitals. The Court however came to the conclusion that the matter does not relate to life and liberty of a citizen, therefore the petitioner cannot directly bring a case before this Court, without taking recourse of the remedy provided in the law, and therefore did not entertain the petition. Protap Kundu v. State of West Bengal, Writ Petition 11036 (W) of 2014 decided on April 16, 2014.


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