KARAN SINGH Vs. DY DIRECTOR OF CONSOLIDATION ALIGARH

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the record.

(2.) BY means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 3.9.1985 passed by the Deputy Director of Consolidation in exercise of his powers under Section 48 of the U. P. Consolidation of Holdings Act, for short 'the Act'.

(3.) LEARNED counsel for the petitioner vehemently urged that the Deputy Director of Consolidation had no jurisdiction to reverse the findings recorded by the authorities below and to substitute his own findings for the findings recorded by them. He could at the best remand the case if he was of the opinion that the findings recorded by the authorities below were erroneous or perverse and that the judgments and orders passed by them were not in accordance with law. It was also urged that the findings recorded by the Consolidation Officer and the Settlement Officer, Consolidation, were all findings of fact which were based on relevant evidence on record. They did not suffer from any error of law. The Deputy Director of Consolidation has noticed wrong facts in his order and came to the wrong conclusion, therefore, the order passed by the Deputy Director of Consolidation was liable to be quashed.