these appeals give rise to the following two questions:
(i) Whether the appellants can directly approach this Court under
Article 136 of the Constitution, against the orders of the District
Court, without approaching the High Court?
(ii) Even if the answer to the first question is in the negative, whether
leave having been granted by this Court, these appeals should be
considered and decided on merits?
Re: Question No. (i):
We therefore reiterate that though the existence of an alternative remedy by itself will not take away the jurisdiction of this Court under Article 136, this Court would not grant leave and entertain appeals against orders/judgments/decrees of the district court or courts sub-ordinate thereto, if remedy by way of appeal or revision to the High Court or other court or forum is available.
Re: Question No. (ii)
It is now well settled that the discretionary power vested in this Court under article 136 continues even after granting leave. Therefore, on hearing an appeal by special leave, this Court may refuse to go into merits, or even if it goes into merits, merely declare the law and refuse to interfere if interests of justice and/or facts of the case do not call for interference. If this Court finds that leave ought not to have been granted and that no prejudice will be caused, it may reject the appeal by special leave, reserving liberty to the appellant to pursue the alternative remedy before the High Court or other appropriate forum. In extreme cases, this Court may even revoke the leave already granted.