UNIVERSITY OF AGRICULTURAL SCIENCES GK VK BANGALORE Vs. JUDICIAL LAYOUT RESIDENTIAL AND SITE HOLDERS ASSOCIATION GK VK POST BANGALORE

JUDGEMENT

(1.) Proceedings in this writ petition, very ironically began before this Court as one in respect of an order complained in the writ petition, on the premise that there was no efficacious remedy available to the aggrieved person as provided under any of the statutory provisions.

(2.) Writ jurisdiction is an extraordinary, special jurisdiction conferred on the superior Courts in this country and in terms of Articles 226 and 227 of the Constitution of India on High Courts.

(3.) While Article 226 of the Constitution of India enables High Courts to issue prerogative writs, in the exercise of jurisdiction of, judicial review of administrative action or legislative action, Article 227 of the Constitution of India confers on the High Court a jurisdiction which can be more appropriately described as a responsibility and as the caption of the Article indicates 'power of superintendence of all Courts by the High Court' reading as under: 227. Power of superintendence over all Courts by the High Court - (1) Every High Court shall have superintendence over all Courts and tribunals throughout the territories in relation to which it exercises jurisdiction. (2) Without prejudice to the generality of the foregoing provision, the High Court may- (a) call for returns from such Courts; (b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such Courts; and (c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such Courts. (3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such Courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made, forms prescribed or tables settled under clause (2) or clause (3) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor. (4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any Court or tribunal constituted by or under any law relating to the Armed Forces.