1954 (12) TMI 35 - HC - Indian Laws

Summary

Issues:
Jurisdiction of High Court to issue writs beyond territorial limits.

Analysis:
The case involved a reference to a Full Bench by two judges regarding the jurisdiction of a High Court to issue writs beyond its territorial limits. The matter arose from a dispute related to evacuee property in which the petitioners claimed to be sub-tenants but were later ordered to be evicted by the Deputy Custodian. The petitioners sought relief through revision applications, which were initially allowed but later overturned by the Custodian General. The petitioners then approached the High Court seeking writs of mandamus, prohibition, or certiorari against the Custodian General's order.

The main issue was whether the High Court had the authority to issue a writ of mandamus to the Custodian of Evacuee Property, U.P., directing him to disregard the Custodian General's order. The Court emphasized that it lacked the power to set aside the Custodian General's order, which was considered final unless quashed by a competent court. Drawing parallels with a Supreme Court case, the judgment highlighted the principle that a court cannot indirectly do what it lacks the direct power to accomplish.

The Court rejected the argument that it could examine the validity of the Custodian General's order and issue a mandamus to the Additional Custodian to disregard it. Citing legal precedents, the Court clarified that unless the Custodian General's order was set aside by a competent authority, it must be deemed valid. The judgment also distinguished cases from other High Courts where subordinate orders were challenged within the jurisdiction of the respective courts, unlike the present scenario where the superior authority's order was in question.

In conclusion, the Court held that it could not issue a writ of mandamus to the Custodian of Evacuee Property, U.P., to nullify the Custodian General's order as long as the latter order remained valid and in effect. The matter was referred back to the Bench for final hearing based on this opinion.