Jurisdiction of high court under arts. 226 and 227 .

LEGAL CONSULTANT

 

(B) Constitution of India, Arts.226, 227 - High Court exercises jurisdiction under Arts.226, 227 over the decision of all the Courts and Tribunals, whether subordinate to it or not.  
 
 The writ petitions under Articles 226 and 227 of the Constitution of India, challenging judgment and order of Administrative Tribunals are entertained and decided by the Division Bench only. The Division Bench of the High Court exercises jurisdiction under Articles 226 and 227 of the Constitution of India over the decisions of all the Courts and Tribunals, whether subordinate to it or not, similar is the widdth and depth of the power/jurisdiction of the Single Judge under Articles 226 and 227 of the Constitution of India over the Courts, Tribunals or Authorities passing orders under any enactments specified under Rule 18 of Chapter 17 of the Bombay High Court Appellate Side Rules, irrespective of the fact whether those Courts or Tribunals/Authorities are subordinate to the High Court or not. The Rule is that all writ petitions filed under Article 226 or 227 or both under Articles 226 and 227 are required to be decided by the Division Bench. It is only by way of an exception that the writ petitions under Article 226 or 227 or both under Articles 226 and 227, arising out of orders passed by subordinate Court or any quasi judicial authority or Tribunal, in exercise of statutory power conferred by enactments specified under Rule 18 of Chapter 17 of Bombay High Court (Appellate Side) Rules, the Single Judge is competent to entertain and decide. The exception is not in relation to subordination of Courts, quasi judicial authorities or Tribunals, but it is in relation to orders passed in exercise of statutory powers to adjudicate conferred by the enactment specified under Rule 18 of Chapter 17 of the aforesaid Rules. Apart from this, bare reading of Article 227(1) of the Constitution of India no where indicate that the Single Judge exercises his power of superintendence over only such judicial, quasi judicial authorities and Tribunals which are subordinate to the High Court and not over the judicial, quasi judicial authorities and Tribunals which are not subordinate to the High Court. The word "subordinate", does not at all appear under Article 227 of the Constitution of India and hence the power of the High Court under Article 227 of the Constitution of India cannot be curtailed, restricted or limited to the supervisory jurisdiction over the Courts and Tribunals or authorities which are subordinate to the High Court. The extraordinary jurisdiction conferred upon High Court under Articles 226 and 227 of the Constitution of India is wide enough to include not only to issue the prerogative writs, such as the writ in the nature of Habeas Corpus, Mandamus, Prohibition, Quowarranto and Certiorari, not only for violation of fundamental rights, but also for "any other purpose" as is clear from the language under Article 226 of the Constitution of India.

 2006(1) ALL MR 494 contrary to AIR 1986 SC 1272. 
(1997)3 SCC 261 - Rel. on. 
 
MRS. MANGALA W/O. SHARAD MUTHA & ORS. VS. STATE OF MAHARASHTRA & ORS.
      2009-ALL MR-6-598   (Paras 47 to 49)  

 
Reply   
 

 

WRIT PETITON NO. : WP/ 178 / 2012

BENCH: AURANGABAD HIGHCOURT , SINGLE CORUM 

ACT: HINDU MINORITY AND GUARDIAN SHIP ACT 1956 

DEAR ALL,

REQUEST FOR YOUR KIND HELP!

I HAVE FILED THE CHILD CUSTODY PETITION BEFORE DISTRICT AND SESSION COURT AT NANDED WITH CASE NO. 136/2010 WITH AN INTERIM VISITATION APPLICATION. THE DISTRICT AND SESSION COURT JUDGES ARE TELLING TO CALL BACK THE CASE TO ME AND NOT PASSING AT ALL ANY ORDER ABOUT VISITATION OF CHILD FROM A YEAR.

I HAVE FILED A WRIT PETITION BEFORE AURANGABAD HIGHCOURT (MAHARASHTRA) WITH ALL THE NECESSARY CERTIFIED DOCUMENTS ARTICLE U/S 226 AND 227 OF CONSTITUTION OF INDIA FOR GETTING JUSTICE. 

THE WRIT PETITION HAS BEEN TRANSFERRED TO SINGLE CORUM JUSTICE APPOINTED BY CHIEF JUSTICE OF HIGHCOURT AT BOMBAY. FOR CONSIDERING THE FACT , HEARING, ORDER ABOUT WRIT PETITION IN MAHARASHTRA I FOUND BELOW STUDY W.R. -

MAH ACT NO.XVII 

 

 
 

 

ALSO FOUND THE NOTIFICATION AS -

 

AURANGABAD BENCH

  Sitting List  w.e.f.   Tuesday, 8

th

 November  2011 

  ******************************************

1 The Hon’ble Shri Justice

 NARESH H. PATIL

 AND

The Hon’ble Shri Justice

 T.V.NALAWADE

For admission, final hearing and order matters

therein:-

(i) L.P.A.s, First Appeals, Family Court Appeals.

(ii) Civil Writ Petitions from the year 2006 up to

30

th

 June 2011. 

(iii)All other Division Bench civil work not

assigned to any other Court.  

2 The Hon’ble Shri Justice

B.R.GAVAI 

AND

The Hon’ble Shri Justice

M.T.JOSHI  

(i) All Civil Writ Petitions for admission, final hearing

and order matters therein filed from          1

st

 July

2011 onwards.

(ii) All Civil Writ Petitions for final hearing and order

matters therein, up to the year 2005.

(iii) All PILs.

3 The Hon’ble Shri Justice

A.H.JOSHI 

AND 

The Hon’ble Shri Justice

 A.M.THIPSAY 

All Division Bench Criminal Work, for admission,

final hearing and order matters therein. 

4 The Hon’ble Shri Justice

S.S. SHINDE

All Second Appeals for admission, final hearing and

order matters therein. 

                                 AND

Civil writ petitions filed from 1

st

 January  2011 to

31

st

 May 2011, for admission, final hearing and

order matters therein.

5 The Hon’ble Shri Justice

 R.Y. GANOO

(I) Bail Applications u/s.438 and 439 of the Code of

Criminal Procedure including applications for

cancellation, modifications and relaxation of

conditions of bail for admission, final hearing and

order matters therein. 

(II) All Criminal Appeals in which convict/s is/are

on bail.    

(III) Appeals against acquittal for the year 2006 to

2008, for final hearing and order matters therein.

6 The Hon’ble Shri Justice

K.U.CHANDIWAL

All Appeals against Orders, Civil Revision

Applications, Contempt Petitions and all other Civil

work not assigned to any other Court for

admission, final hearing and order matters therein.

                                 AND

Civil writ petitions filed from 1

st

 July 2010 to

31

st

 December 2010, for admission, final hearing

and order matters therein.7. The Hon’ble Shri Justice

U.D. SALVI

(i) Criminal Writ Petitions/Criminal Revisions/

Criminal Applications under Section 482 of the

Code of Criminal Procedure and Criminal matters

not assigned to other Courts, for admission, final

hearing and order matters therein.

(iii)  Appeals  against acquittal  for the  year    2009

and 2010, for final hearing and order matters

therein.

8 The Hon’ble Shri Justice

 SHRIHARI P. DAVARE

(I) Criminal Appeals including Appeals against

acquittal up to the year 2005 and for the year 2011

including applications for leave and bail

applications in pending criminal appeals, for

admission, final hearing and order matters therein.

(II) Criminal Appeals where convict/s is/are in Jail,

for final hearing and order matters therein.

9 The Hon'ble Shri Justice

A.V. POTDAR

First Appeals, for admission, final hearing and

order matters therein. 

10 The Hon’ble Shri Justice

 S.V.GANGAPURWALA

Civil Writ Petitions up to 30

th

 June 2010 and filed

from 1

st

 June 2011, for admission, final hearing and

order matters therein.

N O T E

1.The Hon’ble Shri Justice    B.R.GAVAI is appointed to hear and decide the

matters arising out of Section 11 of the Arbitration and Conciliation Act, 1996.

2. The Hon’ble Shri Justice S.V.GANGAPURWALA is appointed to hear and decide

matters under Banking Regulations Act, 1949 and all matters under Section 37 of

the Arbitration and Conciliation Act, 1996.

High Court, Appellate Side,                                                 By Order,

Bombay.                                                                                       Sd/-

                                                                                            Mangesh Patil    

Dated : 18

th

 October  2011                                              (Registrar Judl-I)   

 

BUT IT WAS FOUND ON ONLINE LISTING INDEX AND WITH MY LAWYERS TALK HON'BLE JUSTICE IS TELLING TO REMOVE THE PETITION FROM HIS BOARD.

AS - 

 

CASE Stamp No. :- WP/33679/2011 & Reg. No. :- WP/178/2012  
 
 
  Date Coram Purpose Action  
 



 
  11/01/2012
HON'BLE SHRI JUSTICE S.V. GANGAPURWALA
URGENT CIRCULATION (CIVIL) Remove from board.  
 
 
 

Total No. of Listing :- 1

 

SO I WOULD LIKE TO REQUEST YOUR HELP ABOUT HOW SHOULD I PROCEED FURTHER TO HAVE CUSTODY OF MY CHILD AND TILL DATE VISITATION ORDER AT EARLIEST.

 

SHALL I FILE THIS TO THE HON'BLE HIGHCOURT AT BOMBAY OR HON'BLE SUPREME COURT OF INDIA.

 

PLEASE ADVISE.

YOURS SINCERELY,

HARSHAL JAIN

 
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student

Sir, 

Can u post certain more cases related to it.. 

 
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