Constitutional challenge by amendment must be decided before disposal of the writ petition

A writ court that allows an amendment introducing a constitutional challenge must adjudicate that challenge before disposing of the petition. The text states that the High Court could not dismiss the writ petition without examining the newly raised challenge to Section 3(1)(b) of the Maharashtra Rent Control Act, 1999. It also notes the principle that a statutory court cannot itself determine constitutional validity, and that Section 113 CPC operates only within its proviso; because a Division Bench had already decided the question, Section 113 was said to be inapplicable. The matter was remitted for fresh adjudication on merits.

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Issues: Whether the High Court was justified in dismissing the writ petition after permitting amendment to challenge the constitutional validity of Section 3(1)(b) of the Maharashtra Rent Control Act, 1999, without adjudicating that challenge.

Analysis: The amendment application expressly introduced a challenge to the constitutional validity of Section 3(1)(b), and the High Court allowed that amendment. In that setting, the writ petition could not be disposed of without examining the newly raised constitutional issue. The Court also noted the settled principle that a court or tribunal constituted under a statute cannot itself adjudicate upon the constitutional validity of the statute, and that Section 113 of the Code of Civil Procedure, 1908 applies only in the limited circumstances stated in its proviso. Since a Division Bench had already decided the question, Section 113 had no application; nevertheless, the High Court was required to consider the effect of the challenge it had permitted to be raised.

Conclusion: The High Court erred in disposing of the writ petition without deciding the constitutional challenge; the order was set aside and the matter was remitted to the High Court for fresh adjudication on merits in favour of the appellant.

Ratio Decidendi: When a constitutional challenge is permitted to be raised by amendment, the court must adjudicate it and cannot dispose of the case without dealing with that issue; a statutory court cannot itself determine the constitutional validity of the statute.

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