LexSHALINI SHYAM SHETTY AND ANOTHER versus RAJENDRA SHANKAR PATIL
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A B c [2010] 8 S.C.R. 836 SHALINI SHYAM SHETIY AND ANOTHER v. RAJENDRA SHANKAR PATIL (Civil Appeal No. 5896 of 2010) JULY 23, 2010 [G.S. SINGHVI AND ASOK KUMAR GANGULY, JJ.] Constitution of India, 1950: Articles 226, 227 and 32 - Dispute between landlord and tenant- Writ petition by tenant challenging the decree passed by trial court and affirmed by first appellate court - Dismissed by High Court - On appeal, held: High Court erred in entertaining the writ petition - In cases of property rights and 0 in disputes between private individuals writ court should not interfere unless there is any infraction of statute or it can be shown, that private individual is acting in collusion with a statutory authority - Writ petition was filed in a pure dispute between landlord and tenant amongst private parties and the only respondent is plaintiff landlord - Petition filed under E Article 227 cannot be called a writ petition - Writs can be issued by High Courts only under Article 226 and by the Supreme Court only under Article 32 - No writ petition can be moved under Article 227 nor can a writ be issued under Article 227 - Bombay High Court (Appellate Side) Rules, F 1960. Articles 226 and 227 - Jurisdiction under Articles 226 and 227 - Distinction between - Explained. Article 227 - Power of superintendence over all courts G and tribunals by the High Court - Exercise of - Principles formulated. Article 226 - Writ - Issuance of - Held: Writ petition is a· remedy in public law - High Court can issue writ to any H 836 SHALINI SHYAM SHETTY AND ANR. v. RAJENDRA 837 SHANKAR PATIL person, but person against whom writ will be issued must have A some statutory or public duty to perform - Main respondent should be either Government, Governmental agencies or a State or instrumentalities of a State within the meaning of Article 12 - Private individuals cannot be equated with State or instrumentalities of State - All respondents in a writ petition B cannot be private parties - But private parties acting in collusion with State can be respondents in a writ petition. The respondent-landlord filed a suit for eviction on various grounds against the appellant-tenants. The trial C court decreed the suit in favour of the respondent. The first appellate court upheld the order of the trial court. The tenants then filed a writ petition before the High Court and prayed for a writ of certiorari. The High Court dismissed the writ petition. Therefore, the tenants filed the instant appeal. D Dismissing the appeal, the Court HELD: 1.1 In cases of property rights and in disputes between private individuals writ court should not interfere unless there is any infraction of statute or it can E be shown, that a private individual is acting in collusion with a statutory authority. A private person becomes amenable to writ jurisdiction only if he is. connected with ~ statutory authority or only if he/she discharges any official duty. In the instant case, none of the said features F are present. Even then a writ petition was filed in a pure dispute between landlord and tenant amongst private parties and the only respondent is the plaintiff landlord. Therefore, the High Court erred in entertaining the writ petition. The course adopted by the High Court cannot G be approved. Certainly, the High Court's order of non- interference in view of concurrent findings of facts is unexceptionable. [Paras 72, 73, 79 and 83] [877-G-H; 876- B-D; 878-G] ·; H 838 SUPREME COURT REPORTS [2010] 8 S.C.R. A 1.2 A writ petition is a remedy in public law which may be filed by any person but the main respondent should be either Government, Governmental agencies or a State or instrumentalities of a State within the meaning of Article 12. Private individuals cannot be equated with B State or instrumentalities of the State. All the respondents in a writ petition cannot be private parties. But private parties acting in collusion with State can be respondents in a writ petition. Under the phraseology of Article 226, High Court can issue writ to ~ny person, but the person c against whom writ will be issued must have some statutory or public duty to perform. It is only a writ of Habeas Corpus which can be directed not only against the State but also against private person. The writ of Habeas Corpus is issued not only for release from 0 detention by the State but also for release from private detentio
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