Point of Law : One of the fundamental principles in regard to the issuing of a writ of certiorari, is, that the writ can be availed of only to remove or adjudicate on the validity of judicial acts. The expression “judicial acts” includes the exercise of quasi-judicial functions by administrative bodies or other authorities or persons obliged to exercise such functions and is used in contrast with what are purely ministerial acts.

JUDGMENT :

1. Heard Sri Apoorva Tewari, learned Counsel for the petitioner, Sri Devendra Mohan Shukla, learned Standing Counsel for opposite party no. 1 and Sri Waseeq Uddin Ahmed, learned Counsel for opposite party no. 2.

2. The petitioner by means of present petition filed under Article 227 of Constitution of India has sought the following main reliefs:-

"a) To issue an appropriate order or direction commanding the respondent no. 1 to decide the revision of the petitioner preferred under Section 41(3) of the U.P. Urban Planning and Development Act, 1973 read with Section 12 of the U.P. Industrial Area Development Act, 1976 expeditiously within a fixed reasonable period of time:

b) To issue an appropriate order or direction commanding the respondent no. 2 not to take any coercive measures against the petitioner pursuant to recovery certificate dated 12.09.2019 during the pendency of revision before the respondent no. 1:"

3. At the very outset, on pointing out regarding the defect as pointed out by the Registry of this Court, which is to the effect that the present petition for relief(s) sought is cognizable by the Division Bench of this Court under Article 226 of Constitution of India, the learned Counsel for the petitioner Sri Apoorva Tewari, submitted that present petition for the main relief(s) quoted above, is maintainable before this Court under Article 227 of Constitution of India. Elaborating his argument he submitted that being aggrieved by the order of New Okhla Industrial Development Authority dated 06.03.2018 and recovery certificate dated 12.09.2019, the revision petition was filed under Section 41(3) of U.P. Urban Planning and Development Act, 1973 {in short "Act of 1973"} read with Section 12 of U.P. Industrial Development Area Act, 1976 {in short "Act of 1976"}.

4. He further submitted that it appears from the language of Section 41(3) of the Act of 1973 that the State functions as Quasi Judiciary Authority and being so is covered under expression "Tribunal". In support of his submission he has placed reliance upon the judgment of Hon'ble Supreme Court in the case of Associated Cement Companies Ltd. Versus P.N.Sharma and Another reported in AIR 1965 SC 1595. Paragraphs on which reliance has been placed are quoted hereinunder:-

"9. Tribunals which fall within the purview of Article 136(1) occupy a special position of their own under the scheme of our Constitution. Special matters and questions are entrusted to them for their decision and in that sense, they share with the courts one common characteristic; both the courts and the tribunals are “constituted by the State and are invested with judicial as distinguished from purely administrative or executive functions”, (vide Durga Shankar Mehta v. Thakur Raghuraj Singh [(1955) 1 SCR 267 at p. 272] ). They are both adjudicating bodies and they deal with and finally determine disputes between parties which are entrusted to their jurisdiction. The procedure followed by the courts is regularly prescribed and in discharging their functions and exercising their powers, the courts have to conform to that procedure. The procedure which the tribunals have to follow may not always be so strictly prescribed, but the approach adopted by both the courts and the tribunals is substantially the same, and there is no essential difference between the functions that they discharge. As in the case of courts, so in the case of tribunals, it is the State's inherent judicial power which has been transferred and by virtue of the said power, it is the State's inherent judicial function which they discharge. Judicial functions and judicial powers are one of the essential attributes of a sovereign State, and on considerations of policy, the State transfers its judicial functions and powers mainly to the courts established by the Constitution; but that does not affect the competence of the State, by appropriate measures, to transfer a part of its judicial powers and functions to tribunals by entr