Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India:Art. 226 – Jurisdiction under – Scope of – Held: In exerciseof jurisdiction u/s. 226, High Court cannot sit in appeal over thefindings recorded by a competent administrative authority, norreappreciate evidence to correct the error of fact and substitute itsown findings – Interference with administrative matters is permissibleonly when the decision is violative of fundamental or basic principlesof justice and fair play or suffers from any patent or flagrant error– If the court finds factual error which goes to the root of thedecision, appropriate course would be to give the opportunity tothe authority concerned to rectify the error – It is only in the rarestcase, where factual error is so obvious that it is rectifiable by thecourt itself, that the Court might, to prevent delay and consequentialdenial and/or miscarriage of justice, rectify the error – It is not forthe High Court to embark upon comparative assessment of thesuitability of different candidates for appointment of a dealer of aretail outlet.Public Distribution:Allotment of retail outlet of diesel/petrol etc. – Writ petition,challenging the allotment – Single Judge of the High Court afterevaluating the facts of the case, held that the writ petitioner wasentitled to be awarded the dealership – Appeal against the orderwas dismissed by Division Bench of High Court – On appeal, held:High Court embarked upon adjudication of hotly disputed factualissues, which was not permissible in exercise of jurisdiction u/Art.226 of Constitution – High Court patently erred in brushing asidereports of the competent authorities and arrived at a different finding– Orders of Single Judge as well as Division Bench of High Courtare liable to be set aside – Writ Petition is dismissed. |
Judge | Hon'ble Ms. Justice Indira Banerjee |
Neutral Citation | 2018 INSC 1160 |
Petitioner | Sanjay Kumar Jha |
Respondent | Prakash Chandra Chaudhary |
SCR | [2018] 14 S.C.R. 893 |
Judgement Date | 2018-12-05 |
Case Number | 11857-11859 |
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