Lawstreet Journal

Court Has No Jurisdiction To Invade/Replace Policy Decisions Of The Government: Tripura HC [Read Judgment]

Lawstreet Journal 2 Dec 2019 8:42pm

Image courtesy: Lawstreet Journal Judiciary Court Has No Jurisdiction To Invade/Replace Policy Decisions Of The Government: Tripura HC [Read Judgment]

The Tripura High Court on November 20, 2019, in the case of Sri Sachindra Chandra Das v. State of Tripura, has held that the Court has no jurisdiction to invade/replace policy decisions of the government.

A single judge bench of Justice Arindam Lodh while hearing a petition filed by adealer of Fair Price Shop, said that "The decision of the government was not to allow any person to run the Fair Price Shop other than the original licensee, is a policy decision of the government and the court has no jurisdiction to invade/replace the decision of the government." 

The petitioner herein had executed a deed of Power of Attorney in favour of another person to run the Fair Price Shop on his behalf. Pursuant to this, a show cause notice was issued upon him by the Sub Divisional Magistrate stating inter alia that that appointment of a proxy dealer was contrary to the memorandum dated 18.03.2011 issued by the Director, Food, Civil supplies & Consumer Affairs, Government of Tripura. 

In reply to the said notice, the petitioner stated that he has attained the age of 86 years and suffering from Parkinson disease for which he is unable to move independently without help of others and there is no other alternative but to engage one person/employee for smooth functioning of the F.P. Shop.

Notwithstanding these arguments, the court was of the opinion that it could not grant any relief to the petitioner since it could not invade/replace the policy decisions of the government. 

"On a bare reading of this… Continue Reading...


Tagged: Tripura High Court  
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