Sukhbir Narain (dead) By Lrs v. Deputy Director Of Consolidation

Sukhbir Narain (dead) By Lrs v. Deputy Director Of Consolidation

(Supreme Court Of India)

Civil Appeals Nos. 1375-76 of 1973 | 19-02-1987

1. We have not been shown any good reason to interfere with the orders passed by the High Court dismissing the writ petitions instituted by the appellants in order to challenge the revisional orders passed by the Deputy Director, Chakbandi, Uttar Pradesh, Consolidation on January 9, 1970. The Deputy Director has concurred with the view taken by both the lower authorities and has rejected the claim of the appellants for correction of the entries in order to include their names. The High Court could not have interfered with this order under Article 227 of the Constitution of India unless there was any error apparent on the face of the order. It has not been shown that the impugned orders manifest any such error which would warrant the exercise of powers of the High Court under Article 227 of the Constitution of India.

2. We do not propose to go into details as having taking into account all the relevant circumstances we are of the opinion that High Court was justified in dismissing the writ petitions in limine. If the appellants have any right in respect of these lands, it is open to them to pursue such remedy as may be open to them in accordance with law. There will be no order as to costs.

Advocate List
Bench
  • HON'BLE JUSTICE B. C. RAY
  • HON'BLE JUSTICE M. P. THAKKAR
Eq Citations
  • 1988 PLJR 42
  • AIR 1987 SC 1645
  • JT 1987 (1) SC 743
  • LQ/SC/1987/210
Head Note

Land Acquisition and Requisition — Acquisition — Challenge to order of revisional authority — Dismissal of writ petition by High Court — Interference with — When warranted — No error apparent on face of order of revisional authority — Held, High Court rightly dismissed writ petition in limine — Constitution of India, Art. 227