SUPREME COURT OF INDIA
B.R. Gavai, Vikram Nath, JJ.
People’s Charioteer Organization (Pco) & Anr. – Appellants
Versus
Union of India & Ors. – Respondents
Writ Petition(s)(Civil) No(s). 885 of 2020
Decided On : 29-03-2023
Fact of the Case:
The petitioner, connected through video conferencing, did not respond. The prayer sought in the writ petition was found to be ungrantable under Article 32 of the Constitution of India.Finding of the Court:
The court dismissed the writ petition as it found that the prayer sought could not be granted under its extraordinary jurisdiction under Article 32.Issues:
Whether the prayer sought in the writ petition can be granted under Article 32 of the Constitution of India.Ratio Decidendi:
The court's decision was based on its finding that the prayer sought in the writ petition cannot be granted by this Court in its extraordinary jurisdiction under Article 32 of the Constitution of India.Final Decision:
The writ petition was dismissed and pending application(s), if any, were disposed of.ORDER
1. Though the petitioner-in-person was connected through video conferencing, he did not respond.
2. Even otherwise, we find that the prayer sought in the writ petition cannot be granted by this Court in its extraordinary jurisdiction under Article 32 of the Constitution of India.
3. The writ petition is, accordingly, dismissed.
4. Pending application(s), if any, shall stand disposed of.
The availability of an efficacious alternate remedy may preclude the invocation of the writ jurisdiction under Article 226 of the Constitution of India.
The Court upheld that petitions lacking substantial questions and clear drafting can be dismissed without entertaining them.
A Writ of Certiorari can be dismissed as infructuous if the petitioner's plea indicates that the matter is no longer actionable.
The court cannot entertain petitions for interim relief under Article 226 when an alternative remedy is pursued without obtaining interim orders.
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