Writ Against Order of Tribunals II

My Lord, Is a Writ Application maintainable against an order of West Bengal Land Reforms and Tenancy Tribunal (“Tribunal”), refusing to initiate contempt proceedings against an Authority arrayed as a Respondent before the Tribunal?

Yes.

Such a pristine question of law does not require any reference to the facts… We are unable to agree with the view that a Writ Petition under Article 226/227 of the Constitution is not maintainable when the Tribunal refuses to initiate a contempt proceeding… As held by the Constitution Bench in the case of L. Chandra Kumar the power of judicial review of the High Court under Article 226/227 of the Constitution cannot be taken away by a law or even by a Constitutional Amendment. Hence, it will be indeed a rare case where the High Court can hold that a Writ Petition against any order of Inferior Court or Tribunal is not maintainable. However, we hasten to add that it is always open for the High Court, in appropriate cases, to hold that a Writ Petition is not entertainable on account of propriety, constitutional scheme, some settled rules of self-restraint or its peculiar facts.”

– Hon’ble Justice Shiva Kirti Singh, Sujitendra Nath Singh Roy v. State of West Bengal & Ors., [Civil Appeal No.7535 of 2011].

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