Judge Bench decision of their Lordships of Supreme Court in Surya Dev Rai vs. Ram Chander Rai others , (2003) 6 SCC 675, where too there ... writ petition. But there is an observation in Surya Dev Rai (supra), which reads thus:-
"24. Upon a review of decided cases
stated that the judgment passed in the case of " Surya Dev
Rai Vs. Ram Chander Rai " reported ... maintainability of the writ application.
13. In the case of " Surya Dev Rai Vs. Ram Chander Rai " while
considering the contents between
Supreme Court in the decision reported in
(2003) 6 SCC 675 ( Surya Dev Rai vs. Ram Chander Rai and others ) held as
follows :
?Supervisory jurisdiction ... step in to exercise its supervisory jurisdiction.
16.Of course, Surya Dev Rai was overruled in Radhey Shyyam vs. Chhabi
Nath
India. To this
extent, it also overruled its contrary view in Surya Dev
Rai Vs. Ram Chander Rai , (2003) 6 SCC 675. In para ... submission
made on behalf of the respondent that the view in
Surya Dev Rai stands approved by larger Benches
in Shail, Mahendra Saree Emporium
petition/ petitions under Article 227 of the Constitution of
India:-
( i) Surya Dev Rai v. Ram Chander Rai And Others
reported ... Union of India And
Others (supra).
8.4 In the case of Surya Dev Rai v. Ram Chander Rai And
Others (supra
under:
"22. We may now come to the judgment
in Surya Dev Rai. Therein, the appellant was
aggrieved by denial of interim injunction ... history of
writ of certiorari and its scope and concluded
thus: (Surya Dev Rai case, SCC pp.687-90,
paras
come to the judgment in Surya Dev Rai [Surya Dev
Rai v. Ram Chander Rai , (2003) 6 SCC 675] . Therein, the appellant
was aggrieved
Constitution."
(iii) The Hon'ble Apex Court in Surya Dev Rai v. Ram Chander Rai and Others reported
come to the judgment in Surya Dev Rai [Surya Dev
Rai v. Ram Chander Rai , (2003) 6 SCC 675] . Therein, the appellant
was aggrieved
Constitution."
(iii) The Hon'ble Apex Court in Surya Dev Rai v. Ram Chander Rai and Others reported