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2020 Supreme(Jhk) 417
IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAVI RANJAN, SUJIT NARAYAN PRASAD, JJ.
Smt. Kunti Devi W/o Late Balendu Prasad Sharma – Appellant
Versus
The Divisional Commissioner, South Chotanagpur Division – Respondent
L.P.A. No. 390 of 2018
Decided On : 06-10-2020
Advocate Appeared:
For the Appellant : Mr. Suresh Nand Tiwary.
For the Respondent: Mr. Sachin Kumar.
Headnote:
(A) Constitution of India - Articles 226 and 227 - Proceedings under Article 226 are in exercise of original jurisdiction of High Court while proceedings under Article 227 of Constitution are not original but only supervisory - Article 226 of Constitution, writ is issued for correcting gross errors of jurisdiction - Supervisory jurisdiction under Article 227 of Constitution is exercised for keeping subordinate courts within bounds of their jurisdiction - While under Article 226, there is privilege of issuance of prerogative writs whereas provision of Article 227 is to be exercised in matter of judicial orders passed by court of civil jurisdiction or Tribunals. (Para 8)
(B) Constitution of India - Article 227 - Order passed by revenue authority cannot be said to be a judicial order, rather it is in exercise of quasi judicial power and application would not lie under Article 227 of Constitution of India - Power conferred under Article 227 is supervisory in nature and when order has been passed by revenue authority in capacity of quasi judicial functionary, same if questioned before High Court, can be tested by High Court in exercise of power conferred under Article 226 of Constitution of India. (Para 9)
JUDGMENT :
1. The matter has been heard through video conferencing with the consent of the learned counsel for the parties. None of the parties has raised any complaint regarding audio and visual quality.
2. This instant letters patent appeal has been filed against the judgment/order dated 06.04.2018 passed by learned Single Judge of this Court in W.P. (C) No. 135 of 2011, whereby and whereunder the writ petition had been dismissed by affirming the order passed by the Special Officer, Schedule Area Regulation, Ranchi in S.A.R. Case No. 243 of 1990-91, by which the restoration of possession of land appertaining to R.S. Plot No. 191, under Khata No. 34 of Village-Hehal, P.S. No. 203, Ranchi, Police Station-Ranchi was affirmed vide order dated 12.09.1997 passed by the appellate authority, Deputy Commissioner, Ranchi in S.A.R. Appeal No. 47R15/1996-97/DCTR No. 314-R15 of 1996-97 as also affirmed by the revisional authority, the Divisional Commissioner, South Chotanagpur Division, Ranchi vide its order dated 20.12.2010.
3. The appellants/writ petitioners approached to this Court by filing a writ petition under Article 227 of the Constitution of India, assailing the aforesaid orders of restoration of the land in question, which having been dismissed against which the present letters patent appeal has been filed.
4. The instant appeal has been posted today for passing order on interlocutory applications.
This Court while hearing the matter on 01.09.2020 had passed an order raising an issue of maintainability of the writ petition since the writ petition has been filed under Article 227 of the Constitution of India and as such, the letters patent appeal would not be maintainable against the order which has been passed under Article 227 of the Constitution of India, but the aforesaid issue of maintainability since was not raised by the office, therefore, the office had been directed to look into the matter.
In view thereof, the office has pointed out by placing a report of the Stamp Reporter. The aforesaid report has been perused by the Court and on its perusal it has been found that the instant appeal has been reported to be not maintainable against the order passed by the learned Single Judge under Article 227 of the Constitution of India, in view of the order passed by a Co-ordinate Division Bench of this Court on 13.07.2016 passed in L.P.A. No. 522 of 2004 which has been kept at Flag-X.
5. Learned counsel for the appellant has submitted that the instant letters patent appeal is maintainable even though the writ petition has been filed under Article 227 of the Constitution of India since according to him the contents of the pleadings is to be seen and not the nomenclature of provision of law.
He submits that since the orders impugned before the writ Court were passed by the Revenue Authority, who has been conferred to exercise the quasi judicial power and as such, the writ petition may be treated to be a writ petition under Article 226 of the Constitution of India.
He, in support of his submission, has relied upon a judgment of the Hon’ble Apex Court rendered in the case of Sh. Jogendrasinhji Vijaysinghji vs. State of Gujarat and Others, (2015) 9 SCC 1.
6. Mr. Sachin Kumar, learned AAG-II has objected to such submission.
7. We have heard learned counsel for the parties and perused the materials available on record, more particularly the impugned orders passed by the revenue authorities i.e. Special Officer, Schedule Area Regulation, Original Authority under the Chotanagpur Tenancy Act, 1908, the appellate authority i.e. the Deputy Commissioner, Ranchi and the revisional authority i.e. the Divisional Commissioner, South Chotanagpur Region, Ranchi.
8. Before delving into the matter, we deem it fit and proper to discuss about the scope of Article 226 and 227 of the Constitution of India.
Article 226 empowers the High Court to issue, to any person or authority, including the Government (in appropriate cases), directions, orders or writs, including wr
