AI Overview...
- Order Passed by District Judge Under a Scheme - Writ Amenability
An order passed by a District Judge, including those exercising jurisdiction under specific schemes (e.g., DMC Act), is generally amenable to writ jurisdiction if the order involves a public function or statutory duty. For example, orders by the Additional District Judge dismissing applications or exercising revisionary powers can be challenged through writ petitions if they involve public functions [MATTHAN SINGH
VS ADDL D J MEERUT -
Allahabad](https://supremetoday.ai/doc/judgement/02500037093), MUNICIPAL CORPORATION OF DELHI VS R. P. KHAITAN - Delhi.
-
Writ Jurisdiction and Nature of the Authority
The amenability of orders to writ jurisdiction depends on whether the authority acts as a persona designata or performs a public function. Orders passed by courts or authorities acting in a judicial or quasi-judicial capacity are typically amenable to writ petitions, whereas those acting in private or non-public capacities are not Shrinath Goswami, Gopinath Goswami both sons of Sri Shyam Bihari Goswami VS Civil Judge (Junior Division), Sri Budhi Sagar Mishra presently posted as Civil - Allahabad, Himmat Singh VS III Additional District Judge, Deoria - Allahabad. -
Orders by Magistrates and Civil Courts
Orders passed by Munsifs, Magistrates, or Civil Judges in discharge of their judicial functions are generally amenable to writ jurisdiction, especially for errors of jurisdiction or violations of fundamental rights. However, final decrees or orders in purely private disputes (e.g., eviction or rent recovery) may not always be challenged via writ if they are considered judicial acts in the exercise of statutory powers Himmat Singh VS III Additional District Judge, Deoria - Allahabad. -
Scope of Writs and Limitations
Writ petitions are not maintainable against orders where the authority does not perform a public or statutory duty or acts outside its jurisdiction. For instance, orders made without jurisdiction or in purely private matters may not be subject to writ review Burada Kanaka Ratnam VS Senior Superintendent of Posts, Bhimavaram Division, Bhimavaram, West Godavari District - Andhra Pradesh, Lakhichand Marotrao Dhoble VS Joint Charity Commissioner, Nagpur - Bombay. -
Orders of Registrars and Administrative Authorities
Orders passed by Registrars or administrative authorities in exercising statutory powers, such as conducting inquiries or issuing directions, are amenable to writ jurisdiction if they involve public functions. Arbitrary or illegal exercise of such powers can be challenged through writ petitions R. Muralidaran & Others VS The District Registrar, South Madras & Another - Madras. -
Orders by Statutory Bodies and Public Authorities
Even if a body is characterized as a 'State' under Article 12, not all acts are subject to writ jurisdiction. Only those acts involving public functions or statutory duties are amenable. Private activities outside the scope of public duties are generally not challengeable under Article 226 SKCC Bank Limited, Amalapuram, Rep. by General Manager East Godavari District VS N Seetharama Raju - Andhra Pradesh.
Analysis and Conclusion:
In summary, orders passed by District Judges acting under schemes or statutory powers are generally amenable to writ jurisdiction if they involve public functions or statutory duties. The key factor is whether the authority acts in a judicial or administrative capacity performing public duties, making such orders susceptible to judicial review through writ petitions. Orders in purely private matters or outside jurisdiction typically fall outside the scope of writ jurisdiction.
References:
- MATTHAN SINGH
VS ADDL D J MEERUT
- Allahabad, MUNICIPAL CORPORATION OF DELHI VS R. P. KHAITAN - Delhi, Shrinath Goswami, Gopinath Goswami both sons of Sri Shyam Bihari Goswami VS Civil Judge (Junior Division), Sri Budhi Sagar Mishra presently posted as Civil - Allahabad, Himmat Singh VS III Additional District Judge, Deoria - Allahabad, Burada Kanaka Ratnam VS Senior Superintendent of Posts, Bhimavaram Division, Bhimavaram, West Godavari District - Andhra Pradesh, Lakhichand Marotrao Dhoble VS Joint Charity Commissioner, Nagpur - Bombay, R. Muralidaran & Others VS The District Registrar, South Madras & Another - Madras, SKCC Bank Limited, Amalapuram, Rep. by General Manager East Godavari District VS N Seetharama Raju - Andhra Pradesh
Search Results for "Order of the District Judge Passed under a Scheme is Amenable to the Writ Within Jurisdiction"
1995 0 Supreme(All) 1201 • India - Allahabad
D.K.SETH
an order passed by the Additional District Judge, Meerut, dismissing his application to recall an earlier order allowing an appeal ... CONSTITUTION OF INDIA - WHETHER MAINTAINABLE AGAINST AN APPELLATE OR REVISIONAL ORDER PASSED BY THE DISTRICT COURT - WHETHER WRIT ... Writ jurisdiction cannot be invoked in cases where the High Court does not have any power of revision in respect of an or....
1995 0 Supreme(Del) 916 • India - Delhi
LOKESHWAR PRASAD, R.C.LAHOTI
Civil Procedure Code 1908 - Section 115 — Revision — Order passed by District Judge in exercise of its jurisdiction Under Section ... Judge — Nature of the jurisdiction exercised by the District Judge — The District Judge deciding an appeal under the Act, acts as ... passed by the Court of District Judge under Section 169 of DMC Act is an appro....
2005 0 Supreme(All) 736 • India - Allahabad
under the scheme, does not act as persona designata, and the orders passed by him are not amenable to the writ jurisdiction under ... The court deliberates on whether the orders passed by the Munsif Magistrate/Civil Judge are amenable to the writ jurisdiction under ... court, acts as persona designata, so as to make the orders passed by him in discharge of such functions amenable....
1993 0 Supreme(All) 443 • India - Allahabad
A.P.SINGH
Fact of the Case: Petitioner, a tenant of a shop, challenged the eviction order passed by the Additional District Judge ... as the decree passed by the Small Cause Court had become final and was not amenable to review by the High Court under Section 115 ... and the decree passed by the Civil Judge for recovery of rent and other arrears. ... THROUGH this writ petition, Himmat Singh petitioner, who is the tenant of a shop at Mohan K....
2005 0 Supreme(AP) 64 • India - Andhra Pradesh
G.BIKSHAPATHY, P.S.NARAYANA
to be disturbed by exercising the certiorari jurisdiction – Writ petition being devoid of merit same shall stand dismissed. ... and reasonable inference recorded by a Tribunal can neither be said to be based on no evidence nor a perverse finding so as to be amenable ... as Postal Assistant by proceedings of Senior Superintendent of post Offices Division –Held, It is not a case of inherent lack of jurisdiction ... A writ of certiorari can be issued for correcting errors of jurisdiction ....
2020 0 Supreme(Bom) 1174 • India - Bombay
A.S.CHANDURKAR, N.B.SURYAWANSHI
writ jurisdiction. ... without receiving state assistance, did not perform a public duty and was not amenable to writ jurisdiction under Article 226. ... to writ jurisdiction under Article 226. ... Reference was then made to the order dated 13.03.2002 passed by the learned Single Judge in Writ Petition No. 2956/1997 (Krushnarao K. Naidu and Others vs. Jeevraj B. ... Accordingly, it was held that t....
2022 0 Supreme(Chh) 60 • India - Chhattisgarh
SANJAY K.AGRAWAL
post in each district and therefore it is not amenable to the rule of reservation under the Act of 1994. 2. ... Commission in each of the districts, as such, the post of President of District Commission is not amenable to any reservation. 2.1 ... vacant posts of President, District Commission for the districts of Raigarh, Surguja (Ambikapur), Koriya (Baikunthpur), Kabirdham ... In order to apply the rule of reservation within a cadr....
1966 0 Supreme(AP) 157 • India - Andhra Pradesh
A.GOPAL RAO
amenable to a revisional jurisdiction of this court under Section 115, C. ... A writ of certiorari can go to a District Munsif exercising jurisdiction under Section 22 of the Act. 3. ... C. - Whether a writ of certiorari can go to a District Munsif exercising jurisdiction under Section 22 of the Act. ... The above said Bench decision of this Court holding that any order passed under Section 19 of the Hyderabad Gram....
2007 0 Supreme(Mad) 4328 • India - Madras
A.P.SHAH, RAMASUBRAMANIAN
The aggrieved parties filed a writ petition challenging the order of the District Registrar. ... to the writ jurisdiction. ... to the writ jurisdiction. ... However, the exercise of power must not be arbitrary as the orders passed or directions issued by the Registrar is amenable to challenge in the Writ Jurisdiction." ... 34. ... Since Section 36 empowers the Registrar to conduct an inquiry, the....
• India - Andhra Pradesh
JEEVAN REDDY, JAGANNADHA RAO, SYED SHAH MOHD QUADRI
to writ jurisdiction. ... to writ jurisdiction. ... Even if a society is characterized as a 'State' within the meaning of Art. 12, it does not follow that every activity of it is amenable ... There ought to be several authorities falling outside the definition of ‘State’ but amenable to writ jurisdiction under Article 226. ... Jagannadha Rao, J.) held that an order of dismissal of an employee by Jammu & Kashmir Ban....
Filter by Legal Phrase
