Gauhati High Court clarifies limits of writ jurisdiction

The Gauhati High Court has issued rulings clarifying the limitations of writ jurisdiction in specific legal disputes.

In one matter involving Bikalanga Kalyan Kendra, the court held that disputes regarding monetary entitlements requiring the presentation of evidence cannot be decided by a writ court. Justice Devashis Baruah observed that such claims must be adjudicated by a competent civil court. The petitioner had sought directions for the release of approximately Rs. 42.29 lakh and an inquiry into child homes, but the court determined that the dispute over entitlement amounts necessitated a civil jurisdiction approach.

In a separate case, the court ruled that petitioners must exhaust statutory remedies under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, before seeking a writ for the registration of an FIR. Justice Manish Choudhury noted that directly invoking writ jurisdiction to initiate criminal proceedings without following BNSS procedures is contrary to settled legal principles. This ruling arose from a petition regarding alleged irregularities in a municipal tender process.