Jodhpur: The Rajasthan HC, dismissed a special appeal filed by the State Government against an order passed by a Single Judge, holding that the appeal was not maintainable under Rule 134 of the Rajasthan High Court Rules, 1952.
A Division Bench comprising Chief Justice Sanjay K. Agrawal and Justice Vinit Kumar Mathur observed that the dispute arose from a judicial order passed by the Civil Court, and such an order cannot be challenged under Article 226 of the Constitution.
The Court noted that the executing court had passed an order on April 20, 2017, rejecting the State’s objections. The State had subsequently approached the High Court, where its writ petition was dismissed by the Single Judge.
Relying on the Supreme Court’s ruling in Radhey Shyam v. Chhabi Nath, the Division Bench reiterated that judicial orders of Civil Courts are not amenable to writ jurisdiction under Article 226, while the jurisdiction under Article 227 is distinct.
The Bench further examined Rule 134(i) of the Rajasthan High Court Rules, 1952, and held that a special appeal under the Rule does not lie against an order passed by a Single Judge while exercising jurisdiction under Article 227.
Accordingly, the Court dismissed the State’s Special Appeal Writ as not maintainable.