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2011 Supreme(Kar) 81

D.V.SHYLENDRA KUMAR
Madan – Appellant
Versus
The Deputy Commissioner, Ramanagaram District – Respondent


Advocates appeared:
For the Petitioner:S. Raju & Associates, Advocates. For the Respondents: R1 to R3 - R. Omkumar, AGA.

Judgment :-

1. A writ petition under Article 227 of the Constitution of India is not one that confers High Court a special jurisdiction which it can exercise in any situation. It is in the nature of power of superintendence over the functioning of the courts and Tribunals in the State.

2. It is essentially meant to reign in the Judges and quasi judicial functionaries who function in courts and Tribunals within their jurisdiction and also to ensure that they do not function or conduct in an arbitrary manner to the detriment of the litigant or a citizen of this country.

3. When this court examines any order/Judgment passed by a court or even an order whether administrative or quasi judicial passed by a public authority, the scrutiny is to find out as to whether the Judge presiding over the court has exercised his jurisdiction within the limits of law, has been properly exercising jurisdiction conferred on him/her and likewise the same principle applies to a public authority or a statutory functionary.

4. The examination necessarily has to be on the touchstone of the statutory provisions in the exercise of which provisions the courts or authorities function. When this court examines su
























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