Court held that a writ petition seeking recovery from a respondent in a Tribunal award under the Motor Vehicles Act has no locus standi under Article 226 because the matter falls under the superintendence of the High Court under Article 227.
Petition dismissed without prejudice to rights to approach appropriate forum.
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Court No. - 40
Case :- WRIT - C No. - 18321 of 2018
Petitioner :- Pushpa Devi Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ram Singh,Amit Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Shashi Kant,J.
Heard learned counsel for the petitioner.
The present writ petition is misconceived inasmuch as the petition has been filed for a mandamus commanding the respondent no.3 i.e. Collector/District Magistrate, Kaushambi to recover the amount awarded from the fourth respondent in relation to a claim arising out of an award made by the Tribunal under the Motor Vehicles Act.
The execution is admittedly pending. It appears that the execution is being delayed. In such circumstances the issuance of the recovery and its realization by the District Magistrate would be subject to the superintendence and control of the High Court in terms of Article 227 of the Constitution of India for which the present writ petition under Article 226 would not be maintainable. The writ petition is misconceived and is therefore dismissed without prejudice to the rights of the petitioner to approach the appropriate Forum.
Order Date :- 22.5.2018 R./
1 issue framed by the court
Whether a writ petition under Article 226 is maintainable for commanding recovery from a Mohar-pending execution subject to High Court superintendence under Article 227.
2 provisions across 1 enactments
Pushpa Devi
State Of U P
Other
District Magistrate, Kaushambi
Amreshwar Pratap Sahi
Shashi Kant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
