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YOGENDRA KUMAR SRIVASTAVA
Radha Kishan Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Madhav Jain, learned counsel for the petitioner and Sri Amit Manohar, learned Additional Chief Standing Counsel appearing for the State respondents.
2. The present petition under Article 226 of the Constitution of India has been filed seeking a writ of certiorari for quashing the orders dated 21.12.2000 and 30.6.1995 passed in proceedings under the Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972[UP PP Act].
3. Pleadings in the petition indicate that proceedings under Section 4 of the UP PP Act were initiated against the petitioner and an order dated 30.6.1995 was passed by the prescribed authority for eviction and damages. Aggrieved against the aforesaid order, an appeal under Section 9 of the Act was filed before the District Judge, Firozabad which also came to be decided in terms of an order dated 21.12.2000 confirming the order of eviction whereas the order with regard to damages was set aside. It was at this stage, that the present writ petition was filed.
4. The issue which arises for determination is, therefore, as to whether an order passed in an appeal under the UP PP Act can be held to be a judicial order passed by a civil c
Provision for enforcement of an award, as per terms of Section 36, having been provided for in same manner as if it were a decree of court, it would follow that court enforcing award would exercise p....
Writ under Article 226 is not maintainable against judicial orders in civil proceedings; supervisory jurisdiction under Article 227 remains available for such cases.
A judicial officer's cumulative standing qualifies them to act as an appellate officer under the Public Premises Act, irrespective of holding the title of District Judge for 10 years.
The availability of a remedy of appeal under the Civil Procedure Code may deter the High Court from exercising its power of superintendence under Article 227.
Judicial orders of civil courts are not subject to writ jurisdiction under Article 226; challenges must be made through appeal or revision, with Article 227 providing distinct jurisdiction.
Judicial orders of civil courts are not subject to writ jurisdiction under Article 226; challenges must be made through appeal or revision, affirming the distinct nature of Article 227.
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