JUDGMENT :

[Anjani Kumar Mishra, J.]

1. Heard learned counsel for the parties on the recall application.

2. The order dated 29.1.2020 is recalled and I have heard counsel for the parties on the merits of the writ petition and perused the record.

3. The writ petition arises out of proceedings for allotment of chaks and seeks a writ of certiorari for quashing the order dated 20.9.1997 passed by the Deputy Director of Consolidation whereby the chak of the petitioner has been disturbed.

4. The contention of Shri Rahul Mishra, counsel for the petitioners is that the Deputy Director of Consolidation has himself modified the chak of the petitioners at the revisional stage. He submits that in case there was an illegality in the order passed by the Settlement Officer Consolidation, the Deputy Director of Consolidation could only have remanded the matter back to the appellate authority for reconsideration. The Deputy Director of Consolidation was not competent to substitute his findings as the revisional Court is a Court of limited jurisdiction and does not have power akin to a Court of appeal.

5. In support of his contention he has placed reliance upon the following two decisions.

6. Karan S