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SUSMITA PHUKAN KHAUND, SANDEEP MEHTA
Tari Hai – Appellant
Versus
Gauhati High Court [Principal Seat], represented by the Registrar General – Respondent
| Table of Content |
|---|
| 1. context and background of writ petitions. (Para 1 , 2 , 3 , 4) |
| 2. legal arguments against administrative transfer. (Para 5 , 7 , 8 , 9 , 10 , 18) |
| 3. arguments highlighting jurisdictional concerns. (Para 6 , 11 , 12 , 13 , 14 , 15 , 16 , 19 , 20 , 21) |
| 4. court's rulings on jurisdiction and authority. (Para 22 , 23 , 25 , 26 , 27 , 28 , 29) |
| 5. reasoning regarding the chief justice's authority. (Para 30 , 31) |
| 6. final ruling on the writ petition. (Para 32 , 34 , 35) |
JUDGMENT :
[Sandeep Mehta, J.]
The preceding facts relevant and essential for disposal of this writ petition are noted hereinbelow.
2. The writ petitioners herein, filed 3(three) separate writ petitions, i.e. (i) WP(C) No.363(AP)/2022 [Tari Hai -Vs-NHPC & Ors.], (ii) WP(C) No.366(AP)/2022 [Tapu Nyicyor -Vs-NHPC & Ors.] and (iii) WP(C) No.201(AP)/2023 [Tadak @ Jumdak Hale -Vs-NHPC & Ors.], respectively, at the Itanagar Permanent Bench for challenging the acquisition of their lands for construction of 2000 MW Lower Subansiri Hydro Power Project at Gerukamukh in Dhemaji district, Assam.
The petitioners have raised a grievance in the aforesaid writ petitions that the NHPC, being the executive agency, had not depos
The Chief Justice possesses broad discretionary powers to transfer cases between judicial benches, and such decisions do not undermine the integrity of any individual bench.
The judgment emphasized the need for clarifying the territorial jurisdiction of High Courts under Article 226(2) in relation to challenges against orders passed by the Chairman, CAT, Principal Bench,....
Power of judicial review of an order transferring an Original Application pending before a Bench of Tribunal to another Bench under Section 25 of Administrative Tribunals Act, 1985 can be judicially ....
The territorial jurisdiction for hearing writ petitions under Article 227 is determined by the location of the original authority, not the appellate authority, as mandated by administrative rules.
A judge must operate within their assigned jurisdiction; any order made outside this scope is void.
Principal Seat retains jurisdiction over writ challenging appellate tribunal order within its territory despite origin in Circuit Bench district; no ouster or mandatory transfer under Rule 3A as appe....
Reading of section 260A(1) would go to show that an appeal shall lie to the High Court from “every order” passed in appeal by the Tribunal if the High Court is satisfied that the case involves a subs....
(1) Transfer of suit/appeal – Section 25 of CPC does not in all cases fetter power of a common High Court to order inter-State transfer of a suit, appeal or other proceeding – Section 25 of CPC appli....
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