Moulvi Hamid Hassan Nomani vs Banwarilal Roy on 5 March, 1947
100. Under Article 226 an order, direction or writ is to issue to a person, authority or the State. In a proceeding under that Article the person, authority or State against whom the direction, order or writ is sought is a necessary party. Under Article 227, however, what comes up before the High Court is the order or judgment of a subordinate Court or Tribunal for the purpose of ascertaining whether in giving such judgment or order that subordinate Court or Tribunal has acted within its authority and according to law. Prior to the commencement of the Constitution, the Chartered High Courts as also the Judicial Committee had held that the power to issue prerogative writs possessed by the Chartered High Courts was an exercise of original jurisdiction (see Mahamedalli Allabux v. Ismailji Abdulali ; Raghunath Keshav Khadilkar v. Poona Municipality ; Ryots of Garabandho and other villages v. Zamindar of Parlakimedi and Moulvi Hamid Hasam Normani v. Banwarilal Roy (1946-47) 74 Ind. App. 120 : AIR 1947 PC 90. In the last mentioned case which dealt with the nature of a writ of quo warranto, the Judicial Committee held :