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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SAMEER JAIN
Jagdish Prasad Sharma, S/o. Sh. Ramlal – Appellant
Versus
Jaipur Development Authority, Through Its Secretary, Ramkishore Vyas – Respondent
JUDGMENT :
SAMEER JAIN, J.
PREFATORY NOTE:
1. The present writ petition has been filed by the petitioner invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, and not under Article 227 thereof. Before adverting to the merits of the case, it becomes necessary to address the preliminary issue pertaining to the maintainability and the appropriate constitutional provision under which the present petition has been instituted.
2. The distinction between the scope and ambit of jurisdiction exercisable under Articles 226 and 227 of the Constitution of India has been the subject of extensive judicial interpretation. While Article 226 confers upon the High Court the power to issue directions, orders, or writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari for enforcement of fundamental rights or for any other purpose, Article 227 vests in the High Court the power of superintendence over all courts and tribunals within its territorial jurisdiction. Thence, the choice of provision has material bearing on the nature of relief, the extent of judicial review, and the availability of appellate or revisional remedies.
3
The jurisdiction to challenge actions of the Jaipur Development Authority under the Jaipur Development Authority Act, 1982, is maintainable under Article 227 of the Constitution, not Article 226.
The court emphasized the necessity of providing a hearing before passing orders affecting parties' rights, reinforcing the supervisory nature of Article 227 over judicial decisions.
Point of Law : One of the fundamental principles in regard to the issuing of a writ of certiorari, is, that the writ can be availed of only to remove or adjudicate on the validity of judicial acts. T....
The lack of jurisdiction of a tribunal is a fundamental issue that can be raised at any stage, and any decision made by a tribunal without jurisdiction is a nullity.
Writ under Article 226 is not maintainable against judicial orders in civil proceedings; supervisory jurisdiction under Article 227 remains available for such cases.
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