Ram Nandan Prasad And ANR v. Surendra Prasad And ORS
Patna High Court C.Misc. No.1604 of 2016 (2) dt.16-01-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.1604 of 2016 ====================================================== Ram Nandan Prasad & Anr .... .... Appellant/s
Versus
Surendra Prasad & Ors .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Rabindra Prasad Singh For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 16-01-2017 Heard the learned counsel, Mr. Nawal Kishore Singh for the petitioners.
This application has been filed under Article 227 of the Constitution of India for a direction to the Court below to dispose of petition dated 24.06.2015 filed in Title Suit No.201 of 2014. The Hon'ble Supreme Court in the case of Radhey Shyam and Ors. vs. Chhabi Nath and Ors., (2015) 5 Supreme Court Cases 423 has held that control of working of the subordinate courts in dealing with their judicial order is exercised by way of appellate or revisional power or power of superintendence under Article 227. While appellate or revisional jurisdiction is regulated by the statute, the power of superintendence under Article 227 is constitutional. In view of this decision of the Supreme Court, the working of the subordinate courts in dealing with their judicial
Patna High Court C.Misc. No.1604 of 2016 (2) dt.16-01-2017 order can only be examined under Article 227 of the Constitution of India in judicial side.
It is well settled principles of law that High Court also exercises supervisory jurisdiction in administrative side under Article 227 of the Constitution of India as has been held by the Supreme Court in (2010) 8 Supreme Court Cases 329. In the present case, no order has been produced so that in judicial side the High Court cannot pass any such order blankly. If so advised, the petitioner may approach the court concerned for expeditious disposal of the case.
Accordingly, this civil miscellaneous application is dismissed.
(Mungeshwar Sahoo, J) Saurabh/- U T