CHATTISGARH HIGH COURT
R.S. Marhas, J
Ram Sharan Lal Tripathi v. State of Chhattisgarh and Others
| Table of Content |
|---|
| 1. legal basis for writ petition under constitutional articles. (Para 1 , 2 , 19) |
| 2. arguments regarding maintainability and jurisdiction. (Para 3 , 4 , 5) |
| 3. distinction between courts and tribunals in writ jurisdiction. (Para 6 , 10 , 12 , 13) |
1. This petition under Art.226 of the Constitution of India has been listed for hearing on office objection regarding maintainability of the writ petition. An objection has been raised by the Registry that the writ petition filed against the order passed by the Board of Revenue, Chhattisgarh, should have been preferred under Art.227 of the and not under Art.226 of the Constitution.
2. The petitioner is aggrieved by the order passed by the Board of Revenue, Chhattisgarh on 17.7.2015 allowing the review application filed by the State.
3. Learned counsel for the petitioner would argue that the writ petition having been preferred against an order passed by the authority exercising power of judicial review but not being a civil Court, the writ petition under Art.226 of the Constitution has rightly been filed. He would further submit that it is the right of the petitioner to elect or choose a remedy against the order of subordinat
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.