LAXMI DEVI Vs. JOINT DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India is filed to quash the order dated 20.8.1987, recorded by the Principal, Consolidation Training Institute, Patna, in Revision Case No. 692. of 1984 placed, at annexure 5, by which he affirmed the order of the Deputy Director, Consolidation, passed on 13.2.1984, in Appeal Case No. 29 of 1983, copy whereof, is produced, at annexure 4, and the order dated 11.9.1983, recorded by the Consolidation Officer, Ekangar Sarai in objection Case No. 404 of 1983, copy whereof, is, also, placed in the petition, as well as, the order dated 15.11.1976, passed by the Assistant Consolidation Officer, in Case No. 462 of 1976, copy whereof is placed, at annexure 6.

(2.) LEARNED counsel appearing for the parties have been heard. They have taken the Court through the entire records in course of marathon submissions. Upon consideration of the submissions and the factual matrix, as well as, the relevant proposition of law, in the opinion of this Court, there is no substance in this petition. The jurisdiction of the High Court in a writ petition is not as that of an appellate court and it has to consider whether the procedure prescribed in law is followed or not and not the quality of the impugned order of the revenue authority only on the ground that different and better view could have been taken by the revenue authority. This proposition is very well established.

(3.) LET it be mentioned that the dispute is very old. There was a proceeding before the Assistant Consolidation Officer. The case of the petitioner was that the objections were filed beyond the statutory period which does not seem to be recognizable. It is, specifically, mentioned in annexure 6, the decision of the Assistant Consolidation Officer passed on 15.11.1976 that the first party, i.e., respondent no. 4 remained present and the petitioner did not remain present.