Pramod Kumar Singh And ORS v. The State Of Bihar And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6843 of 2015 ====================================================== Pramod Kumar Singh & Ors .... .... Petitioner/s

Versus

The State of Bihar & Anr.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anupa Nand Jha, Advocate. For the Respondent/s : Mr. Anil Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 31-03-2016 Heard learned counsel Mr. Anupa Nand Jha for the petitioners.

This application under Article 227 of Constitution of India has been filed by the petitioners for issuance of a writ in the nature of mandamus directing the Sub-Judge-VIII, Bhagalpur to dispose of the injunction application filed by the petitioners in Title Suit No. 170 of 1997.

The Hon'ble Supreme Court in the case of Shalini Shyam Shetty and another Vrs Rajendra Shankar Patil reported in (2010) 8 Supreme Court Cases 329 has held that "The power to issue writs underwent a sea-change with the coming of the Constitution from 26th January, 1950. Now writs can be issued by High Courts only under Article 226 of the Constitution and by the Supreme Court only under Article 32 of the Constitution. No writ petition can be moved under Article 227 of the Constitution nor

Patna High Court CWJC No.6843 of 2015 (2) dt.31-03-2016 2/3 can a writ be issued under Article 227 of the Constitution. Recently, the Hon'ble Supreme Court in the case of Radhey Shyam and another Vs. Chhabi Nath and others, reported in (2015)5 SCC 423 has held that "all the Courts in the jurisdiction of a High Court are subordinate to it and subject to its control and supervision under Article 227. Control of working of subordinate Courts in dealing with their judicial orders is exercised by way of statutory appellate or revisional powers, or power of superintendence under Article 227. While appellate or revisional jurisdiction is regulated by the statutes, power of superintendence under Article 227 is constitutional.

Therefore, in view of this decision, the order of the Civil Court against which neither there is forum of appeal nor there is forum of revision under the statute i.e. Code of Civil Procedure the order can be examined or supervised in exercise of supervisory jurisdiction under Article 227 of the Constitution as despite the curtailment of revisional jurisdiction under Section 115 CPC, the jurisdiction of High Court under Article 227 remains unaffected, and has not resulted in expanding High Court's power of superintendence.

Patna High Court CWJC No.6843 of 2015 (2) dt.31-03-2016 3/3 Article 227 will be maintainable after amendment of the code. In view of the above facts and circumstances, this application under Article 227 of Constitution of India is not maintainable for the relief claimed and thus, it is dismissed. (Mungeshwar Sahoo, J.) Amit/- U T