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LPA 616/2024
SANJEEV GUPTA .....Appellant
Through: Appellant in person.
Through: None
Date of Decision: 19th July, 2024
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
1. Present letters patent appeal has been filed challenging the order dated 10th July, 2024 passed by the learned Single Judge in W.P. (C) 9346/2024, whereby the writ petition filed by the appellant (herein) for a direction to the respondent to facilitate appellant’s access to legal remedy as per the Supreme Court Rules, 2013 (the Rules) was dismissed on the ground that the appellant has the remedy of making a mention before the Registrar Supreme Court, Registrar (J-I) and the Chief Justice of India for urgent matters.
2. The appellant who appears in person states that he had filed a petition in the Supreme Court challenging the order dated 15th June, 2022 through diary number 19764/2022. He states that the said petition was listed and dismissed on 13th January, 2023 on account of defect(s) when the petitioner was in custody. LPA No.616/2024
3. He states that upon his release, he filed a restoration application through diary number 5563/2024. He however states that the restoration application is not being listed despite clarification dated 19th February, 2024. He submits that as access to justice is being denied, the present petition under Article 226 of the Constitution of India is maintainable.
4. Undoubtedly, the power under Article 226 of the Constitution of India is very wide; but it is settled law that the same is not exercised when alternative effective remedies are available.
5. In our view, learned Single Judge has rightly held that the Rules read with Handbook on Practice and Procedure and Office Procedure, 2017 provides for manner of filing and listing of petitions before the Supreme Court, which have to be followed by the appellant. If the Supreme Court Registry has raised defects, the appellant ought to follow the procedure stipulated in the said Rules and Handbook for getting his application listed.
6. A perusal of pages 32 to 35 of the paper book also shows that the Registry of the Supreme Court has raised defects with respect to restoration application on 08th February, 2024; yet, instead of filing an appropriate application, the appellant has filed a clarification affidavit dated 19th February, 2024.
7. Keeping in view the aforesaid, present appeal being bereft of merit is dismissed ACTING CHIEF JUSTICE TUSHAR RAO GEDELA, J JULY 19, 2024