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Power Under Article 227 Of Constitution To Be Used Sparingly, Cannot Be Used For 'Correcting Mere Errors': Jharkhand High Court Reiterates

Live Law

While hearing a plea seeking exercising of power under Article 227 of Constitution and for passing interim orders till fresh orders are passed by the concerned court, the Jharkhand High Court reiterated that power under the provision is to be used sparingly and cannot be used to correct "mere errors". The high court was hearing a plea moved by the Union of India against Coal Bearing Tribunal's order issuing status quo in Adani's plea for restraining the Union from taking any coercive steps in view of the allegation that Adani did not seek the necessary approvals with regard to the Gondulpara Coal Block A division bench of Justice Sujit Narayan Prasad and Justice Arun Kumar Rai in its October 3 order said, “Therefore, this Court is of the view that it is a fit case where the power is to be exercised under Article 227 of the Constitution of India by interfering with the order dated 03.08.2024, as such, we have interfered with the order, but the argument which has been advanced for passing interim order, this Court is of the view that no such direction can be passed by this Court under Article 227 of the Constitution of India reason being that if such indulgence will be granted then the scope of Article 227 will be questioned and that will be in conflict with the power which is to be exercised under Article 226 of the Constitution since when the law has been laid down that the power under Article 227 of the Constitution is to be used sparingly and only for in appropriate cases for the purpose of keeping the subordinate courts and tribunals within the bounds of their authority and not for correcting mere errors then passing of the interim order will lead to accelerating the error committed even though this Court has interfered with the impugned order by quashing it so that the learned court may remain within the bounds of their authority and not by correcting errors,” the Court concluded. “If that is the imposition of law then once the error has been corrected by quashing the order dated 03.08.2024 and if in such circumstances, any indulgence will be passed by this Court by protecting the interest of the respondent in continuation of the order dated 03.08.2024, the same will lead to exceeding the jurisdiction by this Court in exercising the power under Article 227 of the Constitution.This Court, therefore, is of the view that no such indulgence can be granted in order to further the illegality which has been committed by the learned court to be perpetuated,” the bench added. "It is, thus, evident that the learned court has not bothered to call upon the petitioner-Union of India and in absentia the order has been passed even there is no reference in the said order as to whether the copy of the petition dated 03.08.2024 along with the order dated 02.08.2024 has been served upon the learned counsel for the petitioner or not.The fact about providing no opportunity of hearing to the petitioner-Union of India since is admitted, as such, this Court is of the view that the order dated 03.08.2024 needs to be interfered with," the high court said.