My Lord, Is a Writ Application maintainable against an Order of West Bengal Land Reforms and Tenancy Tribunal, refusing to initiate Contempt Proceedings against an Authority arrayed as a Respondent before the Tribunal?
“Such a pristine question of law does not require any reference to the facts… We are unable to agree with the view that a Writ Petition under Article 226/227 of the Constitution is not maintainable when the Tribunal refuses to initiate a contempt proceeding… As held by the Constitution Bench in L. Chandra Kumar 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. Hence, it will be indeed a rare case where the High Court can hold that a Writ Petition against any Order of an Inferior Court or a Tribunal is not maintainable. However, we hasten to add that it is always open for the High Court, in appropriate cases, to hold that a Writ Petition is not entertainable on account of propriety, constitutional scheme, some settled rules of self-restraint or its peculiar facts.”
– Hon’ble Justice Shiva Kirti Singh, Sujitendra Nath Singh Roy v. State of West Bengal & Ors., [Civil Appeal No.7535 of 2011].