Sunderlal Mukherjee vs. The State Of West Bengal Secretary

Court:Supreme Court of India
Judge:Hon'ble Adarsh Kumar Goel
Case Status:Disposed
Order Date:28 Aug 2017
CNR:SCIN010231842017

AI Summary

The Supreme Court of India dismissed a Writ Petition (Civil) filed by Sunderlal Mukherjee against the State of West Bengal and its departments at the admission stage. This outcome signifies the Court's decision not to entertain the matter further, thereby concluding the petitioner's challenge without a full hearing on its merits.

Ratio Decidendi:
The Supreme Court, in its original jurisdiction, exercises discretion in determining whether to admit a writ petition, and may dismiss it at the admission stage if it finds no compelling grounds or sufficient cause to entertain the matter.

Case Identifiers

Primary Case No:723/2017
Case Type:Writ Petition(s)(Civil)
Case Sub-Type:Writ Petition - Challenge Against State Government
Secondary Case Numbers:23184/2017
Order Date:2017-08-28
Filing Year:2017
Court:SUPREME COURT OF INDIA
Bench:Division Bench
Judges:Hon'ble Adarsh Kumar Goel, Hon'ble Uday Umesh Lalit

Petitioner's Counsel

Amlan Kumar Ghosh
Advocate - Appeared

Advocates on Record

Amlan Kumar Ghosh

eCourtsIndia AITM

Brief Facts Summary

Sunderlal Mukherjee filed a civil writ petition, numbered 723/2017, in the Supreme Court of India, naming The State of West Bengal and others as respondents. The petition was listed for admission on August 28, 2017. After hearing the arguments presented by the petitioner's counsel, the Court decided not to entertain the petition and consequently dismissed it, along with any associated pending applications.

Timeline of Events

2017-08-02

Writ Petition (Civil) No. 723/2017 filed in the Supreme Court.

2017-08-18

Case registered in the Supreme Court.

2017-08-28

Case listed for admission; Court heard petitioner's counsel and dismissed the writ petition.

Key Factual Findings

The writ petition does not present sufficient grounds or meet the threshold for the Supreme Court to exercise its extraordinary jurisdiction at the admission stage.

Source: Current Court Finding

Primary Legal Issues

1.Admissibility and maintainability of a Writ Petition (Civil) under the original jurisdiction of the Supreme Court of India.

Petitioner's Arguments

The petitioner's counsel presented arguments to convince the Supreme Court that the writ petition merited admission and further consideration, addressing its maintainability and the prima facie grounds for the requested relief.

Court's Reasoning

The Court, after hearing the learned counsel for the petitioner, decided it was 'not inclined to entertain the writ petition.' This implies that the Court found no sufficient legal or factual grounds to admit the petition for a full hearing or to grant the extraordinary relief sought at this initial stage.

Judicial Philosophy Indicators:
  • Emphasis on Judicial Discretion at Admission Stage
  • Strict Adherence to Procedural Requirements for Original Jurisdiction
Order Nature:Procedural
Disposition Status:Disposed
Disposition Outcome:Dismissed

Specific Directions

  1. 1.Writ petition is hereby dismissed.
  2. 2.Pending application(s), if any, shall also stand disposed of.

Precedential Assessment

Non-Binding (Procedural)

A dismissal at the admission stage without detailed substantive reasoning typically does not create binding precedent on specific points of law, serving primarily as a procedural disposition.

Tips for Legal Practice

1.Legal professionals must carefully evaluate the strong prima facie case required for a writ petition to be admitted by the Supreme Court, especially considering alternative remedies.
2.Arguments for maintainability and sufficient public importance are crucial even at the admission hearing stage in the Supreme Court.

Legal Tags

Supreme Court Writ Petition Dismissal ProcedureAdmissibility of Civil Writ Petitions IndiaJudicial Discretion in Entertaining CasesLegal Recourse Against State Government ActionsOriginal Jurisdiction of Supreme Court Article 32Record of Proceedings Supreme Court Order

Disclaimer: eCourtsIndia (ECI) is not a lawyer and this analysis is generated by ECI AI, it might make mistakes. This is not a legal advice. Please consult with a qualified legal professional for matters requiring legal expertise.

Order Issued After Hearing

Purpose:

FRESH

Before:

Hon'ble Adarsh Kumar Goel, Hon'ble Hon'Ble The Chief Justice

Stage:

FRESH (FOR ADMISSION) - CIVIL CASES

Remarks:

Dismissed

Listed On:

28 Aug 2017

In:

Judge

Category:

UNKNOWN

Original Order Copy

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Order Text

ITEM NO.28 COURT NO.11 SECTION X

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Writ Petition(s)(Civil) No(s). 723/2017

SUNDERLAL MUKHERJEE Petitioner(s)

VERSUS

THE STATE OF WEST BENGAL & ORS. Respondent(s)

(FOR ADMISSION)

Date : 28-08-2017 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE UDAY UMESH LALIT

For Petitioner(s) Mr.Amlan Kumar Ghosh, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Heard learned counsel for the petitioner.

We are not inclined to entertain the writ petition which is hereby dismissed.

Pending application(s), if any, shall also stand disposed of.

(MADHU BALA) (PARVEEN KUMARI PASRICHA) COURT MASTER (SH) BRANCH OFFICER