The Revisional Authority's power to overturn concurrent findings of lower authorities is limited to cases of substantial irregularity or injustice.

JUDGMENT

Saurabh Shyam Shamshery, J.

This case is arising out of consolidation proceedings. The Revisional Authority has upset the concurrent findings arrived by the two lower authorities namely Consolidation Officer and the Appellate Authority.

2. This Court has dealt with the powers of the Revisional Authority as then it was in the case of Motilal v. DDC and others, 2023:AHC:197946. For reference the same is reproduced hereinafter:-

"5. (i)........

X X X X X

(xvii) The argument that Deputy Director of Consolidation at relevant time may by limited power under Section 48 of Act of 1953, has also no basis since Deputy Director of Consolidation has after considering evidence and material on record and on basis of valid reasons has interfered with orders passed by Consolidation Officer and Settlement Officer of Consolidation that P.A.10 was not duly prepared, which would not fall under 're appreciation of evidence' rather examining the correctness and validity of the entries in Khasra/Khatauni in light of procedure to be followed during preparation of P.A.10 and it would be a case where substantial irregularity was committed by lower authorities. (See Ram Bahal & Anr v. Deputy Director of Consolidation, Azamgarh & Ors, (2016) 16 SCC 493).

(xviii) The Revisional Authority had jurisdiction to interfere with order or orders passed by lower authority or authorities only under such circumstances when authority has exercised jurisdiction not vested in him in law or failed to exercise jurisdiction vested in him or acted in the exercise of his jurisdiction illegally or with substantial irregularity and as a result of which substantial injustice appeared to have been caused to a tenure holder. (See Act No.XXXVIII of 1958).

(xix) The word 'substantial' carries importance. Word 'substantial' often means more than 'significant'. Word 'substantial' means 'having substance' 'essential', 'real', 'of sound worth', etc. According to P.Ramanatha Aiyar's: The Law Lexicon 3rd Edition, 2012 meaning of word 'substantial' is 'considerable' and is not the same as 'not substantial'. Hindi translation of word 'substantial' as used in Amendment Act is ^lkjoku~* i.e. which goes to the root of dispute.

(xx) The Supreme Court in Ram Avadh & Ors v. Ram Das & Ors., (2008) 8 SCC 58, has held that concurrent findings of two lower authorities could not be disturbed mainly on basis of assumption or without any basis. It would be relevant that above referred clauses were neither referred nor considered effect of U.P. Land Laws (Amendment) Act, 1982 (U.P.Act No.XX of 1982) enforced with effect from 10.11.1980."

3. Learned counsel for the petitioner submits that the Consolidation Officer has accepted the case of petitioner and entries of basic year was recorded and entry of Class 9 was expunged. The relevant part thereof is mentioned hereinafter:-

" Issue not.1and 2- Being inter connected have been taken together. Heard the parties evidence on file on behalf of the objectors Sripat has been examined and from the defendant side Fulchand has been examined. There is copy of judgment on file of the suit no.59 under section 229B which goes to show that Sripat contested in case on the ground that firstly he is a Bhumidhar of the suit land and alternatively he is sirdar under section 210. He was defendant in that case from this it is find that Sripat of his ancestors were the sir holder of the suit land and in father of the recorded tenant Sobha was the tenant of class 20 of the suit and and after abolition he became sirdar of the suit land in 1362 F. The khasra of 1362 F is on file which shows that Soba the father of the present recorded tenant was the sikmi of the suit land and no one was recorded in possession in 1362 F. Hence, Sripat has been recorded in class 9in 1363 F by Naib Tahsildar. As there is no entry of possession in Khasra of 1362 F as per provisions of L.R.M. there is reason to disbelieve the entry of class 9 of 1363 F. made in favour of Sripat and there th