AIR 2015 SUPREME COURT 1831 ::2015 AIR SCW 1833 ::AIR 2015 SC (Civil) 1631

Supreme Court Of India

(From : Calcutta)

Hon'ble Judge(s): Vikramajit Sen, Shiva Kirti Singh , JJ

West Bengal Land Reforms and Tenancy Tribunal Act (25 of 1997) , S.15— Order refusing to initiate contempt proceedings by Tribunal - Writ petition against, under Arts. 226/227 of Constitution is maintainable. (2006) 1 W.B.L.R. (Cal) 147, Overruled.W.P.L.R.T. No. 54 of 2009, D/- 20th March, 2009 (Cal), Reversed. Constitution of India , Art.226, Art.227, Art.136— Contempt of Courts Act (70 of 1971) , S.19, S.22— When the Tribunal under Act refuses to initiate a contempt proceedings, a writ petition under Art. 226/227 against order of refusal is maintainable and it cannot be said @page-SC1832 that in such case, only petition under Art. 136 is maintainable. (2006) 1 W.B.L.R. (Cal) 147, Overruled. W.P.L.R.T. No. 54 of 2009, D/- 20th March, 2009 (Cal), Reversed.(Para 8) It cannot be said in such a case, that because of similar powers of contempt vested in the Tribunal under S.15 of the Act of 1997, the Tribunal ceases to be inferior to the High Court for exercise of writ jurisdiction, because High Courts have constitutional status and are vested with extraordinary writ jurisdiction whereas the Tribunal is only a creature of statute.(Para 8) Further, the power of judicial review of the High Court under Article 226/227 of the Const....