Case Note & Summary
The petitioner, Black Belt Detectives Private Limited, a detective agency, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 23.01.2020 passed by the Additional Director General of Police, Internal Security Division (respondent no.2). The grievance was against the respondent's insistence on dropping the word 'Detectives' from the company name as a precondition for considering the grant or renewal of a license under the Private Security (Regulation) Act, 2005 and the Karnataka Private Security Agencies Rules, 2008. The respondents, represented by the Additional Government Advocate, opposed the petition primarily on the ground that an alternative and equally efficacious statutory remedy of appeal was available under the Act and Rules. The court, after hearing the parties, found merit in the objection and held that the writ petition should not be entertained when an alternative remedy exists. Consequently, the court disposed of the petition by relegating the petitioner to the remedy of appeal. The registry was directed to return the impugned order to the petitioner after retaining a copy in the file.
Headnote
A) Constitutional Law - Alternative Remedy - Maintainability of Writ Petition - Availability of Statutory Appeal - The petitioner challenged the insistence on dropping the word 'Detectives' as a precondition for license renewal under the Private Security (Regulation) Act, 2005 and Karnataka Private Security Agencies Rules, 2008. The court held that since an alternative and equally efficacious remedy of appeal is available under the Act/Rules, the writ petition is not maintainable and relegated the petitioner to the appellate remedy. (Paras 1-2)
Issue of Consideration
Whether the writ petition is maintainable when an alternative statutory remedy of appeal is available under the Private Security (Regulation) Act, 2005 and the Karnataka Private Security Agencies Rules, 2008.
Final Decision
The writ petition is disposed off relegating the petitioner to the remedy of appeal. Registry shall return the impugned order to the petitioner forthwith after retaining a copy thereof in the file.
Law Points
- Alternative remedy
- Writ jurisdiction
- Private Security (Regulation) Act
- 2005
- Karnataka Private Security Agencies Rules
- 2008
