Case Note & Summary
The case involved an appeal before the Supreme Court concerning a writ petition filed under Article 227 of the Constitution. The appellant, Vinod Biharilal Narang, challenged the jurisdiction of the High Court in entertaining a writ appeal filed by the respondents, the State of Maharashtra and others. The Supreme Court found that the High Court's judgment was wholly without jurisdiction, thus constituting a nullity. Consequently, the Court set aside the impugned judgment and remitted the matter back to the learned Single Judge of the High Court for fresh consideration. The Court also directed that all contentions of the parties remain open before the Single Judge and requested the Judge to consider expediting the hearing of the writ petition. The appeal was disposed of with these directions.
Headnote
A) Constitutional Law - Jurisdiction of High Court - Nullity of Judgment - Article 227 of the Constitution - The Supreme Court held that the writ appeal filed by the respondents should not have been entertained as the writ petition was filed under Article 227, rendering the impugned judgment a nullity. The matter was remitted to the learned Single Judge for fresh consideration, with all parties' contentions remaining open (Paras Not mentioned).
Issue of Consideration
Whether the High Court had jurisdiction to entertain the writ appeal under Article 227 of the Constitution.
Final Decision
The Supreme Court set aside the High Court's judgment for lack of jurisdiction and remitted the matter to the learned Single Judge for fresh consideration, with directions to expedite the hearing.
Law Points
- Article 227 of the Constitution
- jurisdiction
- nullity of judgment
