Supreme Court of India · 2009-01-23
THE STATE OF WEST BENGAL vs SOMDEB BANDYOPADHAYAY .
- Citation / case number
- SC 2005/4490
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF WEST BENGAL
- Respondent
- SOMDEB BANDYOPADHAYAY .
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT,ASOK KUMAR GANGULY, , ,
Judgment text excerpt
The Supreme Court held that the Calcutta High Court erred in allowing the writ appeal filed by Respondent No.1 without condoning the delay, as the appeal was non-est in the eye of law. The Court emphasized that factual disputes regarding attendance could not be resolved in a writ petition, and interim orders passed without jurisdiction were impermissible. Consequently, the Court set aside the High Court's order and restored the dismissal of the writ petition, reinforcing the principle that factual adjudication is outside the purview of writ jurisdiction under Article 226.