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BISWANATH SOMADDER, BHASKAR RAJ PRADHAN
Sri Guru Singh Sabha – Appellant
Versus
State of Sikkim – Respondent
ORDER
Biswanath Somadder, CJ. - This appeal arises in respect of a judgment and order dated 10th October, 2023, passed by a learned Single Judge in WP(C) No.49 of 2017 (Sri Guru Singh Sabha and Another vs. The State of Sikkim and Others). By the impugned judgment and order, the learned Single Judge proceeded to dispose of the writ petition filed by Sri Guru Singh Sabha in the following manner:-
'15. In light of the foregoing discussions, it emanates that where the determination of the constitutional question depends upon the investigation of complicated questions of fact or of taking evidence, the High Court may dismiss the application under Article 226 of the Constitution. The issues placed before this Court as put forth in the foregoing Paragraphs require extensive evidence, which falls within the ambit and powers of a Civil Court.
16. Consequently, I am constrained for the aforementioned reasons to dismiss the Writ Petition.'
2. The present appeal has been preferred by the original writ petitioner, being Sri Guru Singh Sabha, a society registered under West Bengal Societies Registration Act, 1961. The facts of the case are briefly stated in paragraph 1 of the impugned judgment, whic
The High Court may dismiss writ petitions requiring extensive evidence, directing parties to seek adjudication in Civil Court for factual determinations.
The court ruled that self-proclaiming as a religious figure, intending to outraging communal sentiments, justified continued investigation under Section 295A IPC.
The SGPC's Service Rules are statutory, making writ petitions against it maintainable; benefits can be withheld pending inquiry only if procedural compliance ensures no prejudice occurs.
An order refusing to exercise jurisdiction by a statutory authority can be challenged in a writ petition under Article 226 of the Constitution of India, and judicial review is permissible wherever a ....
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