Available statutory appeal warrants relegating the petitioner to the SDO, who must hear both parties before deciding.

The petitioner challenged a Gram Panchayat resolution dated 17 July 2025 and sought to restrain the Panchayat from entering into an agreement with respondent No. 6.

Respondent No. 6 objected that the petition was not maintainable because an efficacious statutory appeal lay before the Sub-Divisional Officer (Revenue), referring to the approach taken in W.P.(C) No. 2160 of 2021.

The petitioner agreed to pursue that appeal and sought a hearing before the authority; the State and respondent No. 6 had no objection to the SDO hearing the parties and considering the New Fisheries Policy, 2022.

Whether the petitioner should be relegated to the available appeal before the concerned SDO (Revenue) rather than have the writ petition determined on its merits.

Whether the SDO (Revenue), when considering the appeal, must provide the petitioner and respondent No. 6 an opportunity to be heard and consider the New Fisheries Policy, 2022.

The Court applied the principle that where an efficacious alternative remedy is available, the aggrieved party may be directed to pursue that remedy rather than obtain adjudication of the dispute in a writ petition under Article 226.

It also applied the principles of natural justice, particularly audi alteram partem: a person approaching an authority with a grievance must receive a fair and effective opportunity of hearing.

The SDO was directed to consider the appeal in accordance with law and the New Fisheries Policy, 2022.

The petitioner accepted that an alternative appeal was available, and all parties agreed that the SDO could determine the dispute after hearing them.

In those circumstances, the Court considered it appropriate to leave the matter to the statutory authority rather than decide the challenge to the resolution itself.

To ensure a fair determination, it directed the SDO to hear both the petitioner and respondent No. 6 and to consider the 2022 Policy.

The Court expressly left the merits open.

The SDO must hear the petitioner and respondent No. 6, consider the New Fisheries Policy, 2022, and pass an appropriate order in accordance with law, preferably within 60 days of receiving a copy of the order.

The Court expressed no opinion on the merits.