IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2880 of 2009 BINOD MAHTO & ANR Versus THE STATE OF BIHAR & ORS ----------- 2 03.03.2009 Heard counsel for the petitioners and counsel for the respondents. In this writ application the petitioner has made the following reliefs:- 1- That this application is for issuance of writ of mandamus directing the R.No:-2 to Dispose of the Petition filed by the petitioners on 31.1.2009 in Disp Case No:-29/08 regarding the maintainability of the case in view of provision U/s-40(Fair) of the Act as well as bye- laws of the society. The present dispute is n't maintainable before this court unless the parties exhausted all the remedies in the bye-laws for settlement of the dispute. Counsel for the petitioner would submit that as a matter of fact the Disp.Case No. 29 of 2009 is not maintainable before the Tribunal and as such this Court should direct the Tribunal to decide this very question as a preliminary issue. Article, 227 of the Constitution of India may have given sufficient power of superintendence to this Court but then this Court will not usurp the power and jurisdiction of the Tribunal only because a party feels that the Tribunal has no jurisdiction. It is always expected of a Tribunal that whenever a question of jurisdiction is raised the same will be decided along with other issues. That being so, this application is wholly misconceived and is hereby dismissed. Bibhash (Mihir Kumar Jha, J.) - 2 -