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1967 Supreme(Bom) 119

B.N.DESHMUKH
CHANDAN MAL OSWAL – Appellant
Versus
KISHORE alias KASHIRAM – Respondent


JUDGMENT-The petitioner seeks to file a writ petition under Article 227 of the Constitution against the orders of the Rent Controller and the Appellate Authority under the Rent Control Order. He has merely joined his landlord as a party and has not joined the Rent Controller or the Appellate Authority as parties as was being done normally till now. In view of the practice prevailing, the office refuses to register the petition unless the Tribunals are joined as parties. The learned counsel for the petitioner pleaded before the Special Officer that the Tribunals are not necessary parties. In view of this difference of opinion, the matter has been referred to this Court for orders.

2. It is to be remembered that there is an essential difference between the nature of the jurisdiction of this Court under Article 226 and Article 227 of the Constitution. The High Court has powers to issue high prerogative writs under Article 226, not only against individuals but also against authorities, Tribunals and the State Government in an appropriate case. The powers exercised under Article 227 are the powers of superintendence over all tribunals, Courts and authorities functioning in the territory








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