State of Himachal Pradesh vs Himachal Aluminium and Conductors
Date of Order:
2nd August, 2022
Justice DY Chandrachud and Justice Sudhanshu Dhulia
Appellant- State of Himachal Pradesh
Respondent- Himachal Aluminium and Conductors
The Supreme Court recently overturned a Himachal Pradesh High Court decision, ruling that the judgement was "utterly incomprehensible."
A panel of Justices DY Chandrachud and Sudhanshu Dhulia was hearing an appeal by the State of Himachal Pradesh against a High Court ruling that accepted the respondent's writ petitions filed under Article 226 of the Constitution.
However, the Supreme Court was unable to comprehend the reasons why the High Court permitted the petitions and set aside the assessment.
Article 226 of the Constitution- The section provides that every High Court shall have the ability, within the territory over which it has jurisdiction, to issue directions, orders, or writs to any individual or authority, including, in appropriate situations, any Government, inside those territories.
"However, the afore bar or embargo, against the institution, of the extant writ petition before this Court, where through, annulment(s) of the impugned Annexures, is strived for, is not a rigid or an absolute bar, rather it holds certain well expostulated exceptions, inasmuch as the statutory action, as made by the authority concerned, being evidently ridden with gross and flagrant breaches, of, statutory norms; (a) the alternative remedy available under the statute is not effective but a mere formality; (b) statutory authority concerned not acting in accordance with the apposite statutory provisions; (c) where the statutory authority has acted in defiance of the fundamental principles of judicial procedure; (d) where the statutory authority has resorted to invoke provisions which are repealed; (e) where the statutory authority has passed an order in total violation of principles of natural justice."
As a result, the appeals were granted. The High Court's challenged judgements were overturned and remanded to the High Court of Himachal Pradesh for reconsideration. All of the parties' rights and claims were preserved.
This is the fifth time the Supreme Court has ruled against a Himachal Pradesh High Court ruling for being confusing and nonsensical.
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