The Chief Justice held that the writ appeal was not maintainable as intra-court appeal against a Writ Court order passed under Article 227 is not permissible per Apex Court. The appeal was dismissed but this did not bar other legal remedies.
The writ appeal was dismissed as not maintainable.
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W.A. No. 40 of 2005
15.03.2017 This writ appeal has been filed against the order of the learned Single Judge. Admittedl
y, before the learned Single Judge the order which was challenged was a revisional order passe
d by the Consolidation Commissioner. It is not disputed that while dismissing the writ petitio
n, the writ Court had exercised its power under Article 227 of the Constitution of India.
In view of the decision of the apex Court in Radhey Shyam v. Chhabi Nath, (2015) 5 SCC 4
23; Jogendrasinghji Vijayasinghji v. State of Gujrat, (2015) 9 SCC1 and Rabindranath @ Rabindr
anath Jena v. Bijaya Kumar Bhuyan, 2016 (II) ILR-CUT-28, the intra-Court appeal against such a
n order passed by the writ Court would not be maintainable.
Accordingly, the writ appeal is dismissed. However, dismissal of the writ appeal will no
t come on the way of the appellant to avail such other remedy available under law for redressa
l of their grievance.
....... ( VINEET SARAN )
CHIEF JUSTICE
(DR. B.R. SARANGI)
JUDGE
2 issues framed by the court
Whether an intra-Court appeal is maintainable against a revisional order passed by the Consolidation Commissioner in absence of superior judicial acquittal.
Whether dismissal of a writ appeal under Article 227 would bar ancillary remedies.
Colour shows how this judgement treated each authority
Radhey Shyam v. Chhabi NathExplained¶2
Radhey Shyam v. Chhabi Nath, (2015) 5 SCC 423 · Who else cites this
Jogendrasinghji Vijayasinghji v. State of GujratExplained¶2
Jogendrasinghji Vijayasinghji v. State of Gujrat, (2015) 9 SCC1
Rabindranath @ Rabindranath Jena v. Bijaya Kumar BhuyanExplained¶2
Rabindranath @ Rabindranath Jena v. Bijaya Kumar Bhuyan, 2016 (II) ILR-CUT-28 · Who else cites this
1 provisions across 1 enactments
Vineet Saran
Dr. B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court