Writ Jurisdiction Not For Deciding ‘Hotly Disputed Questions Of Facts’, Reiterates Supreme Court

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Writ Jurisdiction Not For Deciding ‘Hotly Disputed Questions Of Facts’, Reiterates Supreme Court

Case: Shubas Jain vs. Rajeshwari Shivam

Coram: Justices Indira Banerjee and V. Ramasubramanian

Case No: [CA 2848 OF 2021]

Court Observation: “It is well settled that the High Court exercising its extraordinary writ jurisdiction under Article 226 of the Constitution of India, does not adjudicate hotly disputed questions of facts. It is not for the High Court to make a comparative assessment of conflicting technical reports and decide which one is acceptable.”

When you will read the order you will find that the leave has been granted. The appeal is allowed for the reasons discussed in the signed non-reportable judgment. The impugned final judgment and order is set aside and the writ petition is dismissed.

All interim orders stand vacated. Pending applications, if any, stand disposed of accordingly.

Download Judgement

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Keywords

Writ jurisdiction, High Court, Article 226, Questions Of Facts


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