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2005 Supreme(Raj) 797

SHIV KUMAR SHARMA, K.S.RATHORE, SHASHI KANT SHARMA
Ramesh Chand Tiwari – Appellant
Versus
Board of Revenue – Respondent


Advocates Appeared:
R.D. Rastogi & N.S. Chauhan, for Appellants P.S. Asopa Senior Advocate with Maneesh Acharya, A.K. Bhandari Sr. Advocate with Ajeet Bhandari, Ashok Gaur, S.P. Sharma, Manish Bhandari, N.K. Maloo, R.K. Agrawal, Suresh Sahni, Virendra Lodha, Prahlad Singh, M

Honble SHIV KUMAR SHARMA, J.–Following question has been referred to us for adjudication:-

``Whether intra court appeal to the Division Bench is maintainable against the order/judgment rendered by the learned Single Judge in exercise of supervisory jurisdiction under Article 227 of the Constitution of India?

SUPERVISORY JURISDICTION

(2). In our endeavour to answer the question, we may begin with noticing that the power of superintending control conferred by Article 227 of the Constitution is similar to the control exercised by the Court of Kings Bench over the inferior Courts of England under the Common Law. The history of Article 227 and its scope were considered by the Apex Court in Waryam Singh vs. Amarnath (1), and it was indicated that the material part of Article 227 substantially reproduces the provisions of Section 107 of Government of india Act 1915, except that the power of superintendence has been extended by the Article also to tribunals.

The history of Article 227 suggests that the framers of our Constitution believed that they were restoring to the High Court the power which had been taken away by Section 224(2) of Government of India Act, 1935. In the original Constituti















































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