Rajasthan HC Holds That It Has No Superintendence Over NCDRC Under Article 227 of Constitution

He further contended that initially a complaint was filed before the State Commission which was allowed. It is also contended that respondent- JDA has wrongly mentioned in the Writ Petition that the SLP, which was filed by them after the NCDRC order, was dismissed as withdrawn with liberty to file Writ Petition before the Rajasthan High Court, as there is no direction in the order passed by the Apex Court permitting the respondent- JDA to file Writ Petition before the Rajasthan High Court.

It is contended that Article 227 of the Constitution of India gives power of superintendence to the High Courts over all Courts and Tribunals within its territorial jurisdiction. It is further contended that since the NCDRC is situated in New Delhi and the orders passed by the NCDRC are under challenge by way of filing a Writ Petition under Article 227 of the Constitution of India, the Rajasthan High Court does not have jurisdiction over it.

It is also contended that all decisions of Tribunals are subject to scrutiny before a Division Bench of the High Court within whose jurisdiction the concerned Tribunal falls.

Counsel for the Respondent, Advocate Amit Kuri, contended that initially the complaint was filed before the Rajasthan State Consumer Disputes Redressal Commission, therefore, the Rajasthan High Court had jurisdiction to entertain the Writ Petition under Article 227 of the Constitution of India.

According to the Rajasthan High Court, the single judge has exercised its jurisdiction treating the Writ Petition as having been filed under Article 226 of the Constitution of India. However, as per the Court, from a bare perusal of the Writ Petition, it is evident that it was filed invoking Article 227 of the Constitution of India.

High Court further relied on the decision of the Apex Court in Union of India vs. Alapan Bandyopadhyay wherein, as per the Court, it was held that any decision of a tribunal (inclusive of one passed under Section 25 of the Act) will be subject to scrutiny only before a Division Bench of a High Court within whose jurisdiction the Tribunal concerned falls.

The Court, while noting that the Writ Petition not maintainable before the Rajasthan High Court held, “The present writ petition before the Single Bench has been filed under Article 227 of the Constitution of India. Article 227 of the Constitution of India gives superintendence to every High Court over all Courts and Tribunals throughout the territories in relation to which it exercises jurisdiction.”

As per the Court, the Single Judge has not referred to Article 227 of the Constitution of India in the impugned order and has treated the Writ Petition as if it was filed under Article 226 of the Constitution of India.

Finally, the division bench allowed the Special Appeal (Writ).

Cause Title: Rajeev Chaturvedi v. Commissioner, Jaipur Development Aurhtority (Neutral Citation: 2024:RJ-JP:7757-DB)