# Rajesh Kumar & Anr v. U.O.I. Opp. Party

- **Citation:** (2024) 5 ILRA 1521
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2024-05-16
- **Case number:** Writ-C No. 6856 of 2009
- **Bench:** Vivek Chaudhary, Om Prakash Shukla
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/rajesh-kumar-anr-v-u-o-i-opp-party-51970
- **Pages:** 8

## Headnote

(A) Medical Law - Ministry of Health and
Family Welfare, Government of Health
Research, Government of India - right to
make Rules and Regulations for practice
for
Electropathy
including
Electro
Homeopathy vested with the Central
Government - practice in electropathy or
imparting education should be done within
the provisions and parameters of order
issued by Central Government - although
no institution can confer a diploma or
degree in Electro Homeopathy, petitioners
can practice it as an alternative therapy -
without statutory provisions, there is no
bar in issuing a certificate for the study.
(Para -10 , 15, 16)

Petitioners
obtained
certificate
from
Mattei
Association - to practice Electro Homeopathy
System of Medicines - quashing of UOI and State of
Uttar Pradesh's orders - direction for noninterference and relief - to allow them to practice
alternate medicine system in UP until rules are
framed by competent authorities. (Para - 1)

HELD:-
Petitioners
can
practice
Electro
Homeopathy in Uttar Pradesh, provided it is not
banned by any competent authority. Cannot use the
prefix "Doctor" before their name. Direction for noninterference by respondents/authorities and relief
for permitting the practice until rules are framed by
competent authorities is issued.(Para - 17)

Petition disposed of. (E-7)

List of Cases cited:

## Text

5 All. Rajesh Kumar & Anr. Vs. U.O.I.
1521
preferably within a period of six months
from the date of production of certified copy
of this order before respondent no.3.

21. No order as to cost.
----------
(2024) 5 ILRA 1521
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 16.05.2024

BEFORE

THE HON'BLE VIVEK CHAUDHARY, J.
THE HON'BLE OM PRAKASH SHUKLA, J.

Writ-C No. 6856 of 2009

Rajesh Kumar & Anr. ...Petitioners
Versus
U.O.I. ...Opp. Party

Counsel for the Petitioners:
Vikas Singh

Counsel for the Opp. Party:
C.S.C., A.S.G., Murli Manohar Srivastava, Raj
Kumar Singh

(A) Medical Law - Ministry of Health and
Family Welfare, Government of Health
Research, Government of India - right to
make Rules and Regulations for practice
for
Electropathy
including
Electro
Homeopathy vested with the Central
Government - practice in electropathy or
imparting education should be done within
the provisions and parameters of order
issued by Central Government - although
no institution can confer a diploma or
degree in Electro Homeopathy, petitioners
can practice it as an alternative therapy -
without statutory provisions, there is no
bar in issuing a certificate for the study.
(Para -10 , 15, 16)

Petitioners
obtained
certificate
from
Mattei
Association - to practice Electro Homeopathy
System of Medicines - quashing of UOI and State of
Uttar Pradesh's orders - direction for noninterference and relief - to allow them to practice
alternate medicine system in UP until rules are
framed by competent authorities. (Para - 1)

HELD:-
Petitioners
can
practice
Electro
Homeopathy in Uttar Pradesh, provided it is not
banned by any competent authority. Cannot use the
prefix "Doctor" before their name. Direction for noninterference by respondents/authorities and relief
for permitting the practice until rules are framed by
competent authorities is issued.(Para - 17)

Petition disposed of. (E-7)

List of Cases cited:

1. Electro Homeo M.A.O.I. Vs St. of U.P. & ors., Writ
Petition No. 3992 of 2004

2. Civil Appeal No. 4642 of 2018 arising out of SLP
(C) No.20134/2017 : Sutapa Singh Vs St. of U.P. &
ors.

(Delivered by Hon'ble Om Prakash Shukla,
J.)

(1) The petitioners claiming to have
obtained Certificate from the respondent no.5Count Mattei Association to practice Electro
Homeopathy System of Medicines, has
approached this Court by way of the present
writ, praying inter-alia for quashing the
order/circular dated 25.11.2003 (Annexure-1)
issued by the Union of India and Government
Order dated 01.06.2004 (Annexure-41) issued
by the State of Uttar Pradesh. A direction for
non-interference by the respondents and
consequential relief of permitting them to
practice Electro Homoeopathy system of
alternate Medicine in the State of Uttar Pradesh,
till the rules in that regard are framed by the
competent authority, has also been sought by
them. Reliance is placed upon a judgment of the
Delhi High Court (Annexure-14 and 15), which
according to them, stands affirmed by the
Supreme Court (Annexure-16 & 17).

(2) Heard Shri Vikas Singh, learned
Counsel representing the petitioners, Shri
1522 INDIAN LAW REPORTS ALLAHABAD SERIES
Raj
Kumar
Singh,
learned
Counsel
representing the respondent no.1/Union of
India, learned Standing Counsel for the
State/respondents no. 2 to 4 and Shri Murli
Manohar
Srivastava,
learned
Counsel
representing the respondent no.5.

(3) During the course of arguments,
inviting our attention to the order dated
05.05.2010 issued by the Ministry of Health
and Family Welfare, Government of Health
Research, Government of India, New Delhi,
learned Counsel for the petitioners has
submitted that as the order dated 05.05.2010
(supra) clarified the position that the order
dated
25.11.2003
does
not
bar
the
development and research of Electro
Homeopathy and there was no proposal to
stop the practice or imparting of education
in the field of Electro Homeopathy as long
as same was done within the parameters of
order dated 25.11.2003 till such time a
legislation was enacted, the petitioners do
not wish to press for reliefs relating to
quashing
of
Order/Circular
dated
25.11.2003 (supra) and Government Order
Dated 01.06.2004 (supra) and they have
confined their prayer to the other reliefs as
mentioned in this writ petition.

(4) Shorn off elaborate factual
details of the present case, it would be apt to
mention that the petitioners claiming to be
resident of District Hardoi and Faizabad,
respectively, have obtained Certificate from
the
respondent
no.5-Count
Mattei
Association to practice Electro Homeopathy
System of medicines. According to them, by
virtue by the said certificate, the petitioners
can practice Electro Homeopathy System of
medicine in State of Punjab, State of Delhi,
State of Maharashtra, State of West Bengal,
State of Kerala and other States. However,
the petitioners with the said certificate were
not permitted to practice in Electro
Homeopathy System of Medicine in the
State of U.P. as till date State of U.P. has not
made any law in this regard. In this
background, they pray for the limited prayer
of non-interference by the State/respondents
and permitting petitioners to practice Electro
Homoeopathy system of Medicine in the
State of Uttar Pradesh.

(5) The learned Counsel for the
petitioners elaborating their arguments have
submitted that

(I) In compliance of the order dated
11.10.2010 passed by this Court in Writ
Petition No. 3992 of 2004, the Ministry of
Health and Family Welfare (Department of
Health Research), Government of India, has
issued an order dated 21.06.2011, clarifying
that the order dated 25.11.2003 and order
dated 05.05.2010 would be treated as
instructions of the Government of India,
relating to practice, education and research
with regard to alternative system of
medicine
like
Electropathy,
Electro
Homepathy etc. According to the learned
Counsel, a bare perusal of the order dated
21.06.2011 reveals that there was no legal
impediment in imparting education as long
as no degree/ diploma is awarded/issued for
that course and that the practitioners of
Electro Homeopathy are not allowed to prefix 'doctor' before their name.
(II) The Government of Uttar
Pradesh had issued an Office Memorandum
dated 15.12.2011 in compliance of the order
dated 18.03.2011 passed in Writ Petition No.
11691 of 2004 and the order dated
21.04.2011
passed
in
Civil
Misc.
Amendment Application No. 101585 of
2011, wherein also it reiterated the order
dated 05.05.2010. Thus, it has been argued
that even the Government of Uttar Pradesh
has also accepted the order dated 05.05.2010
vide Office Memorandum dated 04.01.2012
5 All. Rajesh Kumar & Anr. Vs. U.O.I.
1523
and has also clarified and taken the same
position.
(III) Relying on paras 5 to 8 of the
supplementary
counter
affidavit
dated
19.02.2024 filed by the State of Uttar
Pradesh, it has been submitted that in para-5
of the said affidavit, the State of Uttar
Pradesh by heavily relying on the order
dated 05.05.2010 has admitted that there
was no proposal to stop the petitioners from
practising in Electropathy or imparting
education as long as this is done within the
parameters as mentioned in the order dated
25.11.2003 and have further stated that once
the legislation to recognize new system of
medicine is enacted, any practice or
education would be regulated in accordance
with it. Similarly in para-6 of the said
affidavit, it has been mentioned that the
order dated 21.06.2011 issued by the
Government of India, Office Memorandum
dated 15.12.2011 issued by the Government
of
Uttar
Pradesh
and
the
Office
Memorandum dated 04.01.2012 reiterated
the order dated 05.05.2010. Further, in para7 of the said affidavit, it has been stated that
in absence of any statutory power, the
Government of India is not prohibiting
anybody from practising Electropathy in
spite of the system not having been
recognized by the Government. Similarly, in
para-8
of
the
said
affidavit,
State
Government has clarified its stand and relied
upon
the
office
memorandum
dated
13.04.2023, which says that the right to
make rules and regulations for Electropathy
is vested in the Central Government and if
the
Central
Government
makes
rules/regulations regarding the aforesaid,
the State Government will follow the same
and further the State Government is not
authorized
to
make/enforce
rules/regulations regarding the practice,
education, development and promotion of
electro-homeopathy.
In
this
backdrop,
submission of the learned Counsel is that the
State Government is bound by the orders
passed by the Government of India qua the
practice, education and development and
that the State Government ought to abide by
the orders issued by the Government of
India qua Electro Homeopathy.
(IV) Reliance has also been placed
on
Annexure
No.
SA-17
of
the
supplementary affidavit, to submit that
Ministry of Health and Family Welfare,
Government of India, while replying to RTI
application dated 01.08.2017 received by
the department on 03.08.2017 vide their
reply dated 14.08.2017, has reiterated the
stand that the institutions cannot grant
degree/diploma in the stream of medicine
which have not been recognized and the
term 'doctor' can only be used by the
practioners of the recognized system of
medicine.

(6) The learned Counsel for the
petitioners after referring to the aforesaid
documents has articulated his further
argument on a judgment passed by the Delhi
High Court in Writ Petition No. 4015 of
1996 (PIL), which was filed in the nature of
Pubic Interest Litigation with a prayer to
command the respondents to forthwith ban
the institutions imparting education in
Electro Homeopathy System of Medicines
and a probe was also sought into their
functioning and also to frame a policy, so
that these institution may be prosecuted as
per law. According to him, the said writ
petition was clubbed with FAO No. 205 of
1992 and was disposed of vide order dated
18.11.1998,
wherein
the
following
directions were issued:-

"Considering the nature of the
problem as is evident from the aforesaid
discussion,
we
issue
the
following
directions:-
1524 INDIAN LAW REPORTS ALLAHABAD SERIES
1. The Central/State Governments
shall
consider
making
legislation
prescribing :
(a) grant of licences to the existing
and new institutes conducting courses in
Electropathy and other Alternative systems
of medicine.
(b) minimum standards of education
and check on the functioning of such
institutes on the lines set out in Sections
17, 18, 19 & 19A of the Medical Council
Act.
(c)
minimum
qualification
for
getting admission in such institutes;
(d)
conditions
entitling
these
institutes to issue diplomas and certificates;
and
(e) right to use the prefix 'Doctor'
and to issue medical certificates to the
patients by diploma/certificate holders from
such institutes.
(2) Respondents 10 to 16 and the
like institutes shall not award and degree for
the courses conducted by them.
(3)
Respondent
No. 10
shall
forthwith delete the misleading statements
printed on pages 47 and 50 of the prospectus
issued by it.
(4) Respondent No.12 shall not
make misleading claim in regard to its
having been recognised by the Medical
Council of India/re-spondent No.5 in the
advertisements.
(5) Adequate publicity through the
media shall be given by the Government(s)
informing general public about respondents
10 to 16 and similar other institutes not
being recognised and affiliated with any of
the Councils under aforesaid Acts of 1956,
1970 and 1973.

The operation of the order dated
January 30,1997 as modified by the order
dated March 12, 1997 is extended further for
a period of six months from today.
Copy of this order be sent by the
Registry to the Health Secretary, Govt. of
India and the Chief Secretaries of all the
States and Union Territories for doing the
needful in the matter.
Petition is disposed of in terms of
the aforesaid directions."

(7) It has been submitted by the
learned Counsel for the petitioners that
against the aforesaid judgment/order dated
18.11.1998, the Union of India preferred
Special Leave Petition No. 11262 of 2000,
which was dismissed by the Hon'ble
Supreme Court of India vide judgment/order
dated 24.11.2000. According to the learned
Counsel, the aforesaid judgment/order dated
18.11.1998 was thereafter circulated to all
the State Governments by the Registrar of
the Hon'ble Delhi High Court.

(8) Though opportunity has been
provided
to
the
learned
Counsel
representing the Union of India for filing
counter affidavit but no counter affidavit has
been filed on behalf of the Union of India..
However, learned Counsel representing the
Union of India has argued that the system of
Electro Homeopathy is to be strictly
conducted in terms of the order dated
25.11.2003, 05.05.2010 and 21.06.2011.
According to the learned Counsel, the
institutions imparting Electro Homeopaty
like the respondent no.5, can issue a
certificate
but
cannot
issue
any
degree/diploma while imparting education
in the said field of medicine i.e. Electro
Homeopathy.

(9) Learned Standing Counsel
representing the State has submitted that
vide Office Memorandum dated 13.04.2023,
State of Uttar Pradesh has clearly stated that
the right to make Rules and Regulations for
Electropathy is vested in the Central
5 All. Rajesh Kumar & Anr. Vs. U.O.I.
1525
Government and if the Central Government
makes Rules/Regulations regarding the
aforesaid, then, the State Government will
follow the same and, therefore, the State
government
is
not
authorized
to
make/enforce rules/regulations regarding
the practice, education, development and
promotion of Electro Homeopathy.

(10)
 Having
regard
to
the
submissions advanced by the learned
Counsel for the parties and going through
the record, this Court finds that the right to
make Rules and Regulations for practice for
Electropathy including Electro Homeopathy
is vested with the Central Government. The
Central Government has not established any
council
for
recognising
the
Electro
Homeopathy system of medicine in the
country. From time to time, various orders
have been issued by the Central Government
in this regard. Pertinently, the Ministry of
Health and Family Welfare (Research Desk)
had issued order No. R.14015/25/96-U&H
(R) (Pt.) dated 25.11.2003, by which the
matter regarding grant of recognition to the
various streams of alternative medicine
including
Electropathy/ElectroHomeopathy was considered. A perusal of
this order dated 25.11.2003 reveals that for
the
aforesaid
purpose,
the
Central
Government had constituted a Standing
Committee of Experts to consider the
aforesaid aspect of the matter. The relevant
portion of the order dated 25.11.2003 is
reproduced as under :-

"The
Committee
did
not
recommended recognition to any of these
alternative medicines except the already
recognized traditional systems of medicines,
viz. Ayurveda, Siddha, Unani, Homeopathy
and Yoga and Naturopathy, which were
found to fulfill the essential and desirable
criteria developed by the Committee for
recognition of a system of medicine. The
Committee has, however, recommended that
certain practices as Acupuncture and Hypno
therapy which qualified as modes of therapy,
could be allowed to be practiced by
registered practioners or appropriately
trained personnel. The Committee further
suggested that all those systems of Medicine
not recognized as separate systems should
not be allowed to continue full time
Bachelor and Master's degree courses and
term 'Doctor' should be used only by
practitioners of systems of medicine
recognized by the Government of India.
Those considered as Mode of Therapy can
be conducted as Certificate courses for
registered medical practioners to adopt these
modes of therapy in their practice, whether
modern medicine or Indian Systems of
Medicine and Homeopathy. ]
After
carefully
examining
the
various recommendations of the Committee,
the
Government
accepted
these
recommendations
of
the
Committee.
Accordingly, it is requested that the
State/UT Govt. may give wide publicity to
the decision of the Govt. They may also
ensure that institutions under the State/UT
do not grant any degree/diploma in the
stream of medicine which have not been
recommended for recognition and the term
'Doctor' is used by practitioners of
recognized system of medicine."
(11) A bare reading of the aforesaid
order
dated
25.11.2003
reveals
that
Electropathy/Electro Homeopathy System
of medicines was not recommended as an
alternative system of medicines and all the
State/Union territory Governments were
directed to give wide publicity to the said
decision of the Government of India and
would also ensure that the institutions under
the State/Union Territories do not grant any
degree/diploma in the various unrecognized
streams of alternative medicines including
1526 INDIAN LAW REPORTS ALLAHABAD SERIES
Electro Homeopathy System of medicines,
which have not been recommended for
recognition and the term 'Doctor' can be
used by the practitioners of the recognized
system of medicines. They, however, did not
put any restriction on practicing the said
alternate method of treatment.

(12) In the meantime, an order
dated
03.08.2009
was
passed
in
Miscellaneous Writ Petition No. 31904 of
1991 by this Court at Allahabad, wherein it
directed to consider the representation with
regard to recognition of the course of
Electropathy. The Ministry of Health and
Family Welfare, Department of Health
Research, Government of India, keeping in
view the said order as well as various orders
of the High Courts and Supreme Court,
issued order No. V25011/276/2009-HR
dated 05.05.2010 and clarified that there is
no proposal to stop persons like the
petitioners from practising in Electropathy
or imparting education in the following
terms:

"In accordance with Orders of the
High Court and Supreme Court quoted here,
there is no proposal to stop the petitioners
from practising in electropathy or imparting
education, as long as this is done within the
provision of the Order No.R.14015/25/96-U
& H (R) (Pt), dated 25.11.2003. Once the
legislation to recognize new systems of
medicine is enacted, any practice or
education would be regulated in accordance
with the said Act. representation of the
petitioner dated 28.10.2009 is disposed of
accordingly."

(13) In the intervening period,
pursuant to an order dated 11.10.2010
passed by this Court in Writ Petition No.
3992 of 2004 : Electro Homeo Medical
Association of India Vs. State of U.P. &
others, the Central Government also
considered the representation submitted by
the Secretary of Electro Homeo Medical
Association of India, Lucknow dated
03.11.2010 and after due consideration, the
Ministry of Health & Family Welfare
(Department of Health Research) had issued
order
No.
C.30011/22/2010-HR
dated
21.06.2011, clarifying that Ministry of
Health and Family Welfare order dated
25.11.2003 and the order dated 05.05.2010
would be treated as instructions of the
Government of India, related to practice of
education and research with regard to
alternative
systems
of
medicine
like
Electropathy, Electro Homeopathy, etc. The
relevant portion of the order dated
21.06.2011 reads as under :-

"3. As per the directions of the Hon.
Lucknow Bench of the High Court of
Judicature at Allahabad, the representation
has been considered. It is clarified that the
MH & FW Order No. R.14015/25/96-U&H
(R) (Pt.) dated 25.11.2003 and No.
V.25011/276/ 2009-HR dated 05.05.2010
would be treated as instructions of the
Government of India related to practice,
education and research with regard to
alternative
systems
of
medicine
like
electropathy, electro homoeopthy etc.
4. A copy of each of the said two
orders viz. MH & FW Order No.
R.14015/25/96-U&H
(R)
(Pt.)
dated
25.11.2003 and No. V.25011/276/ 2009-HR
dated 05.05.2010 is being forwarded
herewith
to
each
of
the
State
Government/Uts
for
information
and
necessary
action.
With
this
your
representation is disposed off."

(14) After the aforesaid clarification
by the Central Government, even the State
Government, in pursuance of the order dated
18.03.2011 passed by this Court in Writ
5 All. Rajesh Kumar & Anr. Vs. U.O.I.
1527
Petition No. 11691 of 2004 and order dated
22.04.2011 passed in Civil Misc. Revision
Application No. 101585 of 20211, while
considering the representation of one Dr.
Kalsar Ahmad
Sheikh
issued
Office
Memorandum dated 15.12.2011, which
reads as under :-
"Till the time, there is no proposal to
stop the petitioners from practicing in
electropathy or imparting education, as long
as this is done within the provision of the
Order No. R.14015/25/96-U 85 H (R) (Pt)
dated 25th November, 2003. Once the
legislation to recognize new systems of
medicine is enacted, any practice or
education would be regulated in accordance
with the said Act."

(15) After the clarification by the
Central
Government
and
the
State
Government as has been mentioned herein
above, this Court finds that almost identical
issue came to engage the attention of the
Supreme Court, wherein the Supreme Court,
vide an order dated 01.05.2018, passed in
Civil Appeal No. 4642 of 2018 arising out of
SLP (C) No.20134/2017 : Sutapa Singh Vs.
State of U.P. and others, following its
earlier order made in SLP (C)No.23572 of
2009, permitted the appellant therein to
provide an alternative therapy, i.e., Electro
Homeopathy, as there is no ban by any
competent authority. Even in the said
judgment, the Supreme Court has held that
the practice in electropathy or imparting
education should be done within the
provisions and parameters of the order dated
25.11.2003
issued
by
the
Central
Government. It would be profitable to quote
the said order dated 01.05.2018 (supra) in
extenso, which reads as under :-

"Leave granted.
Heard Mr. Pankaj Bhatia, learned
counsel for the appellant and Ms. Aishwarya
Bhati, learned Additional Advocate General for
the State of U.P. Though many an aspect was
urged before the High Court and it has also
addressed the same by the impugned order, yet
the singular issue that has been canvassed
before us pertains to whether there has been ban
in practicing Electro Homeopathy as an
alternative therapy.
A similar matter had come up before
this Court in S.L.P.(C) No.23572 of 2009,
wherein a counter affidavit was filed by the
Union of India stating that there was no ban on
the practice of Electro Homeopathy and on that
basis the special leave petition was withdrawn.
Learned counsel for the appellant has
also brought to our notice Office Memorandum
dated 15th December, 2011 issued by the Uttar
Pradesh Government Medicine Section - 6,
which states that there is no proposal to stop the
appellant from practicing in electropathy or
imparting education, as long as the same is
done with the provisions of the order
No.R.14015/25/96-U 85 H (R) (Pt) dated
25.1.2003. There is no dispute that the said
system of therapy has not yet been recognized
for the purpose of conferring any diploma or
degree.
In view of the aforesaid, no institution
can confer a diploma or degree in Electro
Homeopathy. However, as this Court has
observed on an earlier occasion that there is no
ban, the appellant can always practice Electro
Homeopathy as an alternative therapy, but no
effort can be made to confer diploma or degrees
unless there is a statutory provision permitting
the same. We may hasten to clarify that there
are alternative therapies like aroma therapy,
stone therapy, music therapy, hypnotherapy,
touch therapy and colour therapy and they are
actually non-invasive and in no way relate to
administration of medicine. Therefore, we are
disposed to think that the Union of India has not
banned them.
In view of the aforesaid analysis, we
only modify the order passed by the High
1528 INDIAN LAW REPORTS ALLAHABAD SERIES
Court to the extent that the appellant can
provide an alternative therapy so long as it
is not banned by any competent authority.
Without possessing a degree or diploma
recognized by a legislation enacted by the
competent legislature, the appellant would
not be entitled to practise medicine. We also
clarify that no degree or diploma can be
conferred otherwise than what is permitted
or recognised in law. The undertaking
furnished to the High Court shall be
complied with.
With the aforesaid modification in
the order passed by the High Court, the
appeal stands disposed of. There shall be no
order as to costs."

(16) Having traced the relevant
orders and clarifications issued by the
Central Government, State Government as
well as the Supreme Court from time to
time, this Court arrives at an inescapable
conclusion that although no institution can
confer a diploma or degree in Electro
Homeopathy, however, as there is no ban,
the petitioners can always practice Electro
Homeopathy as an alternative therapy
within the parameters of order dated
25.11.2003. This Court also finds that in the
absence of any statutory provisions, there
could not be any conferring of diploma or
degrees
in
Electropathy
or
Electro
Homeopathy in India, however, there is no
bar in issuance of Certificate for the said
study.

(17) In view of the aforesaid, it is
held that the petitioners can practice Electro
Homeopathy so long as it is not banned by
any competent authority. They, however,
cannot use the prefix "Doctor" before their
name. Accordingly, a direction for noninterference by the respondents/authorities
concerned and consequential relief of
permitting the petitioners to practice Electro
Homeopathy system of medicine in the State
of Uttar Pradesh, till the rules in that regard
is framed by the competent authority, is also
issued.

(18) With the aforesaid directions,
the writ petition stands disposed of.
----------
(2024) 5 ILRA 1528
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 17.05.2024

BEFORE

THE HON'BLE SHEKHAR B. SARAF, J.

Writ-C No. 13775 of 2023

Smt. Shivani Chaurasia & Anr.
 ...Petitioners
Versus
State of U.P. & Anr. ...Opp. Parties

Counsel for the Petitioners:
Sri Sanjay Goswami

Counsel for the Opp. Parties:
Sri Siddharth Singh, S.C.

A. Civil Law - Indian Stamp Act,1899 -
Section 47-A - Under-valuation of the
instrument - Review / Recall - Once the
market value of the property is adjudicated
and determined by the Collector under
Section 47-A of the Indian Stamp Act, the
Collector
(Stamp)
has
no
power
to
reassess, review, or recall the said order.

B.
Civil
Law
-
Power
of
review
-
Constitutional Courts vs. Quasi-Judicial
Authorities - Constitutional courts, being
courts of record, enjoy inherent powers to
review their own orders and correct errors
in the interest of justice - In contrast,
quasi-judicial authorities lack inherent
powers and can only exercise those powers
which have been expressly conferred upon
them by the statutes - Quasi-judicial
authorities cannot arbitrarily review or
recall their orders unless such power is