Supervisory jurisdiction of High Court under Art. 227 is limited and narrow

Allahabad High Court: The Court recently dismissed a revision petition assailing the order of Addl. District Judge noting that in supervisory jurisdiction of the High Court, over subordinate Courts, the scope of judicial review is very limited and narrow. The order assailed by the petitioner was a consented order and the counsel on behalf of the petitioner could not point out any error apparent on the face of record in the impugned orders so as to justify interference by the Court.

The Bench of Mahesh Chandra Tripathi, J. observed that the supervisory jurisdiction of a High Court involves a duty on the High Court to keep the inferior courts and tribunals within the bounds of their authority and to see that they do what their duty requires and that they do it in a legal manner. At the same time, he cautioned its use stating that this power does not vest the High Court with any unlimited prerogative to correct all species of hardship or wrong decisions made within the limits of the jurisdiction of the Court or Tribunal and therefore, it must be restricted to grave derelictions of duty and flagrant abuse of fundamental principle of law or justice.

The court further referred to various Apex Court judgments stating the same and relied on the case of Mohd. Yunus v. Mohd. Mustaqim,  (1983) 4 SCC 566 in which the Supreme Court observed that the supervisory jurisdiction conferred on the High Courts under Article 227 of the Constitution is limited “to seeing that an inferior Court or Tribunal functions within the limits of its authority,” and not to correct an error apparent on the face of the record, or anything that is much less than an error of law. Accordingly, the petition stood dismissed for the reason that there was no error of law much less an error apparent on the face of the record in the assailed orders. [Brij Kishor Trivedi v. Kanpur Development Authority Thru Secy,  2017 SCC OnLine All 2513, decided on 5.12.2017]

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