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1959 (4) TMI 38 - SC - Indian Laws

Issues:
1. Interpretation of the date of cancellation of an allotment.
2. Jurisdiction of the Deputy Custodian General.
3. Scope of High Court's interference in a decision based on facts.

Analysis:

Issue 1: Interpretation of the date of cancellation of an allotment
The case involved a dispute regarding the cancellation of an allotment in favor of the respondents. The controversy centered around whether the cancellation order was issued before or after July 22, 1952. The Deputy Custodian General concluded that the allotment was canceled on May 6, 1952, based on available evidence, even though the actual order was not on record. This decision was challenged by the respondents, claiming the cancellation occurred on September 18, 1952, after a change in rules. The High Court agreed with the respondents, deeming the cancellation illegal due to the rule change. However, the Supreme Court held that the Deputy Custodian General's decision was supported by relevant evidence, including reports and proposals, justifying the conclusion that the cancellation occurred on May 6, 1952. The Court emphasized that the absence of the actual order did not invalidate the Deputy Custodian General's finding.

Issue 2: Jurisdiction of the Deputy Custodian General
The Deputy Custodian General had jurisdiction to decide on the cancellation of the allotment. The appellants argued that the High Court exceeded its authority by interfering with the Deputy Custodian General's decision, contending that there was no error of law apparent on the record. The Supreme Court concurred, stating that the High Court's intervention was unwarranted as the Deputy Custodian General's decision was based on factual findings supported by the evidence available. The Court emphasized that the High Court's role in such cases was not to correct factual errors but only to address legal errors evident on the record.

Issue 3: Scope of High Court's interference in a decision based on facts
The High Court's power to intervene via a writ of certiorari was scrutinized. The appellants argued that the High Court should not have interfered with the Deputy Custodian General's decision, which was factual in nature and not based on a legal error. The Supreme Court reiterated that the High Court's role was to correct legal errors apparent on the record, not factual findings. The Court highlighted that the High Court's scrutiny should focus on legal aspects rather than reevaluating factual determinations made by the Deputy Custodian General. Ultimately, the Supreme Court allowed the appeal, setting aside the High Court's orders and reinstating the decision of the Deputy Custodian General, emphasizing the importance of adhering to jurisdictional boundaries and legal principles in such matters.

 

 

 

 

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