Navin Sinha - (1.) The present appeal arises from order dated 23.08.2016 in S.B. Civil Writ Petition No.13918/2015. The learned Single Judge dismissing the writ petition declined to interfere with the order of the Rent Control Appellate Tribunal dated 04.07.2014 in Appeal No.14/2012 holding that the Respondent was the landlord of the property in question and remanded it to the Rent Controller for decision on the issue for bona fide need.
(2.) Learned counsel for the Respondents has raised a preliminary objection to the maintainability of the appeal relying on an order dated 29.07.2015 in D.B. Special Appeal (Writ) No.345/2015 (Hindustan Petroleum Corporation Limited v. M/s. Shyam Narain Mehra & Brothers) . It is submitted that the Division Bench with reference to Rule 134(i) of the Rajasthan High Court Rules, 1952 had held that this Court essentially exercises powers of the Superintendence over an order of the Rent Control Appellate Tribunal under Article 227 of the Constitution against which no appeal will lie.
(3.) Learned counsel for the Appellant relies upon (2015) 5 SCC 423, Radhey Shyam v. Chhabi Nath & Ors . in support of the submission that an appeal would be barred only when an order has been passed in exercise of jurisdiction under Article 227 of the Constitution over an order passed by a competent Civil Court exercising powers under the Code of Civil Procedure. It is next submitted that Section 19(11)(c) of the Rajasthan Rent Control Act, 2001 providing that the orders of the Rent Control Appellate Tribunal shall be final and no further appeal or revision shall lie does not bar the certiorari jurisdiction of this Court under Article 226 of the Constitution. The writ petition was itself styled as one under Article 226 and not under Article 227 of the Constitution.;