SHIVA DUBEY JHIRA Vs. SUMIT RANJAN DUBEY

JUDGEMENT

(1.) This is an appeal filed against the order dated 15-5-2006 passed by learned Single Judge in Writ Petition No. 1299/2006, and has been filed under Section 2, of the M.P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Ad- hiniyam, 2005 (hereinafter referred to as 'Adhiniyam of 2005').

(2.) A preliminary objection has been raised by Mr. A.P. Singh, learned Counsel for respondent, saying that under sub-section (1) of Section 2, of Adhiniyam of 2005, an appeal is available only against a judgment or order passed by learned Single Judge in exercise of jurisdiction under Article 226 of the Constitution of India, to a Division Bench of this Court and this has also been clarified in the proviso to sub-section (1) of Section 2, in which it is said that no such appeal shall be available against an order passed in exercise of supervisory jurisdiction under Article 227 of the Constitution of India.

(3.) He submitted that since the present appeal is against an order passed by the learned Single Judge under Article 226/227 of the Constitution of India and not passed under Article 226 of the Constitution, the same is not maintainable under sub-section (1) of Section 2 read with the proviso to the said sub-section (1) of Section 2, of Adhiniyam of 2005.