High Court, Powers of-Writ of certiorari, if can be issued to quash an error of fact apparent on the face of the record Judicial Supervision, Scope of-Appellate Authority if and when acts in quasi-judicial capacity-Test-Plea of failure of natural justice, when can be entertained-Constitution of India; Arts. 226, 227-Eastern Bengal and Assam Excise Act, 1910 (E. B. & Assam Act I of 1910) as amended bv Art. 23 of 1955. s. 9. Rule 343
The High Court has no power under Art. 226 of the Constitution to issue a writ of certiorari in order to quash an error of fact, even though it may be apparent on the face of the record. It can do so only where the error Is one of law and that is apparent on the face of the record. Any error of law or fact which it can correct as a court of appeal or revision cannot be a ground for the exercise of its power under that Article.
Hari Vishnu Karnath v. Syed Ahmed lshaque and others
[1955] 1 S.C.R. 1104, relied on
Queen. v. James Bolton, U841) (1) Queen's Bench 66, King v. Nat Bell Liquors, Limited, [1922) 2 A.C. 128, Rex v. Northumberland Compensation Appeal Tribunal, (1951) 1 K.B. 711 and
Rex v. Northumberland Compensation Appeal Tribunal, (1952)
1 K.B. 338, referred to.
The jurisdiction of the High Court under Art. 228 of the
Constitution is limited to seeing that the judicial or quasi-judicial tribunals or administrative bodies exercising quasi-judicial
powers do not exceed their statutory, jurisdiction and correctly
administer the law laid down by the statute under which they
act. So long as the hierarchy of officers and Appellate authorities created by a statute function within their ambit, the manner in which they do so can be no ground for interference.