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2015 (3) TMI 1311 - SC - Indian LawsWhether a writ application is maintainable against an order of West Bengal Land Reforms and Tenancy Tribunal, refusing to initiate contempt proceedings against an authority arrayed as respondent no.5 before the Tribunal? Held that: - we are unable to agree with the view that writ petition under Article 226/227 of the Constitution is not maintainable when the Tribunal refuses to initiate a contempt proceeding - The submission that because of similar powers of contempt vested in the Tribunal under Section 15 of the Act of 1997, the Tribunal ceases to be inferior to the High Court for exercise of writ jurisdiction is devoid of any substance because it ignores that High Courts have constitutional status and are vested with extraordinary writ jurisdiction whereas the Tribunal is only a creature of statute. As held by the Constitution Bench in the case of L. Chandra Kumar [1997 (3) TMI 90 - SUPREME Court] the power of judicial review of the High Court under Article 226/227 of the Constitution cannot be taken away by a law or even by a constitutional amendment. The matter is remitted back to the High Court for considering the writ petition of the appellant afresh - appeal allowed by way of remand.
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