The Division Bench held that the writ appeal was not maintainable as the underlying order was passed under Article 227 of the Constitution, not Article 226, rendering the appeal non-maintainable under the relevant Act.
Writ appeal dismissed as not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR
WRIT APPEAL N0. 3a 9" OF 2014 $3gQmw @mm Brijendra Singh son of Mahendra Singh, agedabout26 R/o. Village Kamalpura, years, Post Masuri, Police Station . . . ...'...'ggw Bh1nd, C1V1l and Revenue ...... - District Bhind (M~P J,
APPELLANT
(Petitioner)
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VERSUS
RESPONDENTS
(Bha/Ra.) Force Narayanpur, District Narayanpur (C.G.),
WRIT APPEALUNDERSECTION2 (l)OFTHE CHHATTISGARHHIGHCOURT(APPEALTO "DIVISION BENCH) Act, 2006
1
£QRAM: HON'BLE SHRI YATINDRA SINGH, C.J. HON'BLE SHRI PRITINKER DIWAKER, J
: Brijendra Singh
PETITIONER
MERSLLS
RESPONDENTS : State of Chhattisgarh and Others
' Shri Hemant Kesharwani, counsel For the Appellant. Shri Gary Mukhopadhyay, Panel Lawyer, For the State.
(04thSeptember,2014) 1. This writ appeal is against the order of the single judge dated 30.06.2014 dismissing Writ Petition (S)2884 OF 2014 Filed by Shri Brijendra Singh (the Appellant).
THE FACTS
THE DECISION
S. We have heard counsel for the parties. There is no objection in condoning the delayinfiling the writ appeal. The delay in filing the writ appeal is condoned and it_is' heard on admission.
\9
2
~ 9. In the present case, the singlejudge after considering the submissions of the parties has dismissed the writ petition’ The substance of the order is under Article 227 and no power under Article 226 of the Constitution has been exercised.
' s‘ubbu
a Sdl—r Sd/— /”x PfitinkerBiwaicar Chief Justice Judge
2 issues framed by the court
Whether the writ appeal is maintainable under Article 227 of the Constitution.
Whether the single judge exercised power under Article 226 or Article 227 of the Constitution.
Colour shows how this judgement treated each authority
Dr. Bhagwant Singh vs Pt. Ravi Shankar Shukla UniversityReferred¶6
Dr. Bhagwant Singh vs Pt. Ravi Shankar Shukla University and another (Writ Appeal-190 of 2007)
M/s Sony India Private Limited vs. State of ChhattisgarhReferred¶6
M/s Sony India Private Limited and Another vs. State of Chhattisgarh and Others (Writ Appeal No.214 of 2013)
SKS Spat Limited vs Union of IndiaReferred¶6
SKS [spat Limited Vs Union of lndia and others (Writ Appeal-1006 of 2012)
2 provisions across 2 enactments
Brijendra Singh
State of Chhattisgarh
Yatindra Singh
Pritinker Diwaker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
