Jhagadu vs Bhola Nath & Ors.
2015 Latest Caselaw 188 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- WRIT - C No. - 11966 of 2010
 

 
Petitioner :- Jhagadu
 
Respondent :- Bhola Nath & Ors.
 
Counsel for Petitioner :- P.C. Patel
 
Counsel for Respondent :- S.C.,Dinesh Kumar Maurya,R.K. Singh,Ravindra K.Yadav
 

 
Hon'ble Ashwani Kumar Mishra,J.

This petition has been filed under Article 226 of the Constitution of India challenging the judicial orders passed by the Civil Court in view of the law laid down in by the Hon'ble Supreme Court in its judgment dated 26.2.2015, passed in Civil Appeal No. 2548 of 2009 connected with Special Leave Petition ( C) No. 25828 of 2013 Radhey Shyam and another Vs. Chhabi Nath and others, that judicial orders of civil court are not amenable to writ jurisdiction under Article 226 of the Constitution of India, which has been followed by this Court in Writ Petition No. 11761 of 2015 Thakur Prasad Vs. Beni Prasad( now deceased) and others, decided on 25.3.2015. Accordingly, the present petition under Article 226 of the Constitution of India is not maintainable.

Learned counsel for the petitioner at this juncture submits that petitioner be permitted to invoke the jurisdiction of this Court under Article 227 of the Constitution of India.

In order to consider the aforesaid request, the Court  has perused the materials available on record.

It appears that on account of certain overwriting in the report of the Survey Commission, the trial court has allowed fresh cross examination of the Survey Commissioner, which order has been affirmed in revision. The order under challenge is interlocutory in nature and if the Survey Commissioner appears for fresh cross examination, no failure of justice or error of jurisdiction can be found.

In such view of the matter, prayer to convert this petition under Article 227 of the Constitution of India is refused.

Accordingly, the petition fails and is dismissed.

Order Date :- 28.4.2015

Ashish Pd.