Legal News

The high court cannot convert itself to a court of appeal under Section 227: Supreme Court

The supreme court today has told in a case that when a high court hears a case under article 227 it cannot convert itself as a court of appeal.
So, according to the Constitution article 226, the high court has an original jurisdiction under which the high courts can issue, to any person or authority, including the government (inappropriate case), directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, certiorari or any of them. And under article 227, it gives the high court the power of superintendence over lower courts.

In this case, the Rent Controller and Eviction officer have passed a judgement which was then again heard in the district court. And further, when it was filed to the high court, it observed that ground that the District Judge had committed illegality in entertaining the joint revision filed against the vacancy order as well as the final order.
The supreme court said that the High court has ignored the earlier judgement which has come in the case of Achal Mishra Vs Rama Shanker Singh, and here the district court judge is completely justified in interfering with the order passed by the Rent Controller and Eviction Officer.
The supreme court said that the exercise of jurisdiction by the High Court under Article 227 in the present case was patently unwarranted and unjustified. 

Source: Live Law

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