Division Bench dismisses Rajasthan Government’s plea as not maintainable; order passed under Article 277 cannot be challenge as per rule 134 of the Rules of 1952.
Jodhpur: The Rajasthan High Court has dismissed a special appeal filed by the State Government against an order passed by a Single Judge under Article 227 of the Constitution.
A Division Bench comprising Chief Justice Sanjay K. Agrawal and Justice Vinit Kumar Mathur dismissed the State’s appeal holding that such an order cannot be challenged through a Special Appeal under Rule 134 of the Rajasthan High Court Rules, 1952.
The State had challenged the Single Judge’s order dated November 19, 2025, by which its writ petition was dismissed.
Dispute arose from executing court’s order
The matter arose from a judicial order passed by the executing court on, rejecting objections raised by the State of Rajasthan.
The State subsequently challenged that order before the High Court through a writ petition. The Single Judge dismissed the petition, following which the State filed the present Special Appeal under Rule 134 of the Rajasthan High Court Rules.
Civil court orders cannot be challenged under Article 226
The Division Bench relied on the Supreme Court’s ruling in Radhey Shyam v. Chhabi Nath, which held that judicial orders passed by civil courts are not amenable to writ jurisdiction under Article 226 of the Constitution.
The Bench noted that Article 227 jurisdiction is distinct from Article 226 and that the Single Judge had exercised supervisory jurisdiction under Article 227 while dealing with the State’s challenge.
Special Appeal not maintainable against Article 227 order
The Court examined Rule 134(i) of the Rajasthan High Court Rules, 1952, and held that a Special Appeal lies against certain judgments or final orders of a Single Judge, but not against an order passed while exercising jurisdiction under Article 227.
“The appeal under Rule 134 of the Rules of 1952 would not be maintainable against the judgment and order passed by the learned Single Judge, while exercising jurisdiction under Article 227,” the Bench held.
Accordingly, the Special Appeal filed by the State was dismissed.