Once a writ petition is admitted by the court, its consideration cant be refused by the HC: SC
Last Updated on October 23, 2023 by News Desk
Supreme court expressed its surprise on the order of Bombay High Court whereby initially a writ petition was admitted by it but later on it refused to hear the prayer which pertained to the interim relief, as the parties were having an alternate remedy available to them.
The matter was remitted by the apex court, back to the high court to consider the same.
The bench comprising Justice B R Gavai and Justice Prashant Kumar Mishra observed that the high court has been vested with the power of jurisdiction but in this case, it failed to exercise the same.
It said that once if the High Court felt that the matter was worthy of considering then no case of not considering the matter should have arisen.
If the high court finds that there is a merit in the case it must be considered.
If the same is not considered and rejected on the ground of an alternative remedy being available, then it contradicts the admission of the matter that was initially done by the court.
Case Title:- Assets Care and Reconstruction Enterprises Limited v. The State of Maharashtra & Ors.
Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)
