Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2020 (6) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (6) TMI 833 - SC - Indian LawsIllegality in entertaining the joint revision filed against the vacancy order as well as the final order - HELD THAT:- The High Court has patently erred in holding, that the revision entertained by the District Judge against the vacancy order dated 4.6.2003 along with the final order of release dated 31.5.2007 was not tenable. The learned judge has totally erred in observing, that the order of the High Court dated 23.8.2006 dismissing the writ petition had attained finality since it was not challenged before this Court. The learned judge ought to have taken into consideration, that though the vacancy order was challenged in a writ petition, the High Court vide order dated 23.8.2006, while dismissing the writ petition had reserved the right of the Petitioners (Appellant and proforma Respondent No. 3 herein) before it to challenge the vacancy order along with the final order passed Under Section 16. The observation of the learned judge, that the High Court in its earlier order dated 23.8.2006, could not have granted liberty to challenge the vacancy order along with the final order is also contrary to the settled principles of judicial propriety. This Court in the case of Sarla Ahuja v. United India Insurance Co. Ltd. [1998 (10) TMI 555 - SUPREME COURT] had an occasion to consider the scope of proviso to Section 25-B(8) of the Delhi Rent Control Act, 1958. This Court found, that though the word 'revision' was not employed in the said proviso, from the language used therein, the legislative intent was clear that the power conferred was revisional power - It could thus be seen, that this Court has held, that the High Court while exercising the revisional powers under the Delhi Rent Control Act, 1958 though could not reassess and reappraise the evidence, as if it was exercising appellate jurisdiction, however, it was empowered to reappraise the evidence for the limited purpose so as to ascertain whether the conclusion arrived at by the fact-finding court is wholly unreasonable. The revisional powers conferred upon the District Judge under the U.P. Act, 1972 are almost analogous with the revisional powers of the High Court that have been interpreted by this Court in the aforesaid judgments. It is found, that the said principles can be aptly made applicable to the revisional powers of the District Judge under the U.P. Act, 1972. If the said principles are applied to the facts of the present case, it could be seen, that the learned District Judge was fully justified in interfering with the order passed by the Rent Controller and Eviction Officer. In the present case, the approach of the High Court in exercising the jurisdiction Under Article 227 of the Constitution of India was totally erroneous - the exercise of jurisdiction by the High Court Under Article 227 in the present case was patently unwarranted and unjustified. The order of the High Court dated 26.10.2017 is quashed and set aside - appeal allowed.
|