- (1.) This is an intra court appeal against the order of learned Single Judge of this High Court, whereby he has dismissed the appellant's Civil Writ Petition No.10523/2015. Civil Writ Petition No.10523/2015, in turn, was directed against the order dated 07.08.2015 passed by the Appellate Rent Tribunal, Bhilwara. Recently, a Division Bench of this High Court vide judgment dated 29.7.2015 in D.B.Special Appeal (Writ) No.345/2015 : Hindustan Petroleum Corporation Limited vs. M/s Shyam Narain Mehra and Brothers, has held that in eviction matters between landlord and tenant, the High Court exercises its power of superintendence, which is vested in it under Article 227 and not under Article 226 as in the case of power under Article 226 of the Constitution of India, the High Court in view of the pronouncement of the Supreme Court in Shalini Shyam Shetty v. Rajendra Shankar Patil : (2010) 8 SCC 329 and Jacky v. Tiny Alias Antony and Ors. : (2014) 6 SCC 508 could not have been entertained such prayers and hence, writ appeal is not maintainable.
(2.) Having regard to the said judgment, this writ appeal is apparently not maintainable. The judgment in Jogendrasinhji v. State of Gujarat : 2015 AIR SCW 5018 cited by learned counsel for the appellant wherein the Supreme Court held that maintainability of Letters Patent Appeal would depend upon whether the exercise of jurisdiction by the Single Judge is under Article 226 or 227 of the Constitution of India, is of no avail in view of the determination regarding exercise of jurisdiction made in the case of Hindustan Petroleum Corporation Limited (supra).
(3.) The appeal is, accordingly, dismissed, as not maintainable.;