Rent Tribunal Not Amenable To Article 226; No Intra-Court Appeal Against Article 227 Orders : Rajasthan High Court
A Full Bench of the Rajasthan High Court has held that orders passed by Rent Tribunal are not amenable to the writ jurisdiction of the High Court under Article 226 of the Constitution. They can be challenged only by invoking the power of superintendence of the High Court under Article 227 of the Constitution. Since the orders of Rent Tribunal can be challenged only under Article 227, no intra-court appeal is maintainable against them, the Court added. A three-judge bench of Justices Sangeet Lodha, Inderjeet Singh and Mahendra Kumar Goyal noted that the Rent Tribunal and the Appellate Tribunal, while adjudicating disputes, exercise the judicial power the State discharging judicial functions, akin to judicial functions of the civil Courts. The Court relied on the Supreme Court decision in Radhey Shyam & Ors. Vs. Chhabi Nath & Ors (2015), wherein it has been categorically held that the judicial orders of the civil court are not amenable to writ jurisdiction under Article 226 of the Constitution of India. The bench was considering two issues referred to it :
I) Whether the appeal against the judgement of the Single Bench, reversing/upholding the judgement of the Appellate Rent Tribunal and/or the Rent Tribunal, would be maintainable before the Division Bench of this court under Rule 134 of the Rajasthan High Court Rules of 1952?
II) Whether the writ petition filed against the judgement of the Appellate Rent Tribunal and the Rent Tribunal by very nature of the dispute, would be considered to have been filed under Article 227 of the Constitution of India, irrespective of invocation of Article 226 of the Constitution of India in the pleadings?