LALTOOMONI MOHANTY Vs. SHREE BRAHAMAGADI GOSAIN SARALA DEVI

JUDGEMENT

(1.) Heard Mr. D.P.Mohanty, learned counsel for the sole Appellant, on the question of maintainability of this intra court appeal.

(2.) In this appeal, the appellant has assailed the order dated 27.8.2018 passed by the learned Single Judge in RVWPET No.269 of 2016. The Review Petition was filed under Section 114 read with Order 47, Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'Code' for brevity) for review of the judgment dated 19.9.2016 passed in Regular Second Appeal No.73 of 2003.

(3.) Learned counsel for the Appellant has relied upon the Constitution Bench Judgment of the Supreme Court in the case of State of West Bengal and Ors. V. Committee for Protection of Democratic Rights, West Bengal and Ors.; reported in AIR 2010 SUPREME COURT 1476. The ratio decided in that case is to the effect that the powers of judicial review conferred upon the High Court is in a way wider in scope. Such an observation has been made by the Hon'ble Supreme Court while answering a reference whether the High Court in exercise of the jurisdiction under Article 226 of the Constitution of India can direct the Central Bureau of Investigation established under the Delhi Special Police Establishment Act, 1946 to investigate into a cognizable offence which is alleged to have taken place within the territorial jurisdiction of the State. So the ratio decided in the said judgment is not applicable.