TaxTMI 
TaxTMI 
2026 (5) TMI 480
X X X X Extracts X X X X
X X X X Extracts X X X X
....r maintainability". 3. The issue regarding the Registry refusing to number a case, raising a doubt regarding maintainability is no longer res integra. In the case of P.Surendran vs. State, reported in 2019 (9) SCC 154, which arose pursuant to the order of the Registry of this Court in refusing to number a case, the Hon'ble Supreme Court held that the High Court Registry could not have exercised the power to decide on maintainability of a case, as it is a judicial function in the realm of the Court and directed the Registry to number the case and post before Court. For easy reference, the relevant portion is extracted hereunder; "11. Therefore, we hold that the High Court Registry could not have exercised such judicial power to a....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ry, henceforth shall not refuse to number any case on the ground that it is not maintainable under law. In this context, it is not necessary for the Registry to put up a note for maintainability before the Hon'ble Judge dealing with the roster for listing the same under the caption "for maintainability". The Registry is bound to number all the petitions, if the papers are otherwise in order and list the same before the Court holding the roster, under the caption "for maintainability". 7. Even pursuant to the aforesaid resolution by the Grievance Redressal Committee, the Registry continued to raise the issue of maintainability in numbering the case and listed the cases in SR stage before the Court, under the caption "for maintainability".....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nistrative Judge have taken a decision that all the petitions filed before the Court shall be numbered subject to maintainability and placed before the Hon'ble Roster Judge for decision as to maintainability. xi. The above resolution will be placed before the Hon'ble Chief Justice for approval. Hence, hereinafter all the petitions will be numbered and placed for appropriate order before the Hon'ble Roster Judge." 4. Learned counsel representing the High Court submits that the issue was placed before the Grievance Redressal Committee constituted under directions of this Court in District Bar Association Dehradun Vs. Ishwar Shandilya & Ors., (2020) 17 SCC 672 and a procedural change was recommended where under the matter wou....
X X X X Extracts X X X X
X X X X Extracts X X X X
....on filed on the ground that it is not maintainable under law. In this context, it is not necessary that the Registry needs to put up a Note before the Honourable Judges for listing the same under the caption "For Maintainability". Registry is bound to number all the petitions, if the papers are otherwise in order and list the same before the Court holding roster under the caption "For Maintainability". 10. However in spite of the issue having been settled and also necessary Circulars in this regard having been issued, we are surprised to note that still the Registry is continuing with the practice of not numbering the petition on the ground that it is not maintainable and is putting up a note and listing the case before Court in SR stage....